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Resettlement Plan Document Stage: Updated December 2010 India: Jharkhand State Roads Project GovindpurJamtara Section Prepared by Road Construction Department, Government of Jharkhand for the Asian Development Bank.

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Resettlement Plan

Document Stage: Updated December 2010

India: Jharkhand State Roads Project

Govindpur–Jamtara Section

Prepared by Road Construction Department, Government of Jharkhand for the Asian

Development Bank.

CURRENCY EQUIVALENTS (as of 22 December 2010)

Currency unit – Indian rupee (Rs) Rs1.00 = $0.02212389

$1.00 = Rs45.200000

ABBREVIATIONS

ADB – Asian Development Bank BSR – building schedule rates BPL – below poverty line EA – Executing Agency FGD – focus group discussions GOI – Government of India GRC – grievance redressal cell HH – household IPSA – initial poverty and social assessment IP – indigenous peoples JH – Jharkhand LA – land acquisition NGO – non-government organization NPRR – National Policy on Resettlement and Rehabilitation PPTA – project preparatory technical assistance PRA – participatory rural appraisal RP – resettlement plan RO – resettlement officer R&R – resettlement & rehabilitation SC – Schedule Caste ST – Schedule Tribe TOR – terms of reference

WEIGHTS AND MEASURES

km – kilometer sq. mt – square meter

NOTE

In this report, "$" refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

ADB State Road Project in Jharkhand

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RESETTLEMENT PLAN

TABLE OF CONTENTS

Executive Summary 4

Chapter 1 : The Project Background 9

1.1. Project Description 9

1.2. Project Benefits and impacts 10

1.3. Measures to minimize impacts 11

1.4. Objectives of the Resettlement Plan 12

Chapter 2 : Project State and Subproject District 13

2.1. Project State 13

2.2. Subproject Districts 14

Chapter 3 : Findings of the Resettlement Census Survey 16

3.1. Objectives of the Resettlement Census Survey 16

3.2. Methodology 16

3.3. Findings of the Resettlement Census survey 16

3.4. Gender impacts of the subproject 21

3.5. Types of Project Impacts 24

3.5.1 Impact on Agricultural land 25

3.5.2 Impact on Residential Assets 27

3.5.3 Impact on Commercial Assets 30

3.5.4 Impact on Residential cum Commercial Assets 33

3.6. Awareness & Perceptions of the affected households on the subproject 37

Chapter 4 : Impact on Indigenous Peoples in the Project Area 38

4.1. Schedules Tribes (ST) in Jharkhand 38

4.2. Key impacts of the Project on ST Households 38

4.3. Involuntary Resettlement Impacts on Scheduled Tribes 41

4.4. Mitigation measures for ST Households 45

ADB State Road Project in Jharkhand

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Chapter 5 : Resettlement Policy Framework & Entitlement Matrix 47

5.1. Introduction 47

5.2. Policy Framework – Review of Resettlement Policies, Legal Framework

& ADB Requirements

47

5.3. ADB Policy on Involuntary Resettlement 48

5.4. Similarities & Differences between NPRR & ADB Policy 49

5.5. Resettlement Policy & Principles for the subproject 52

5.6. Entitlement Matrix 53

5.7. Cut-off Date 58

5.8. Valuation of affected assets 58

5.9. Disposal of Acquired Property 59

Chapter 6: Consultations & Stakeholder Participation 61

6.1. Introduction 61

6.2. Methods of community consultation 61

6.3. Consultation – Scope & Issues 62

6.4. Feedback from Consultations 62

6.5. Disclosure of the Resettlement Plan 67

6.6. Plan for further Consultations and Community Participation during

Project Implementation

68

Chapter 7: Institutional Framework 69

7.1. Introduction 69

7.2. Executing Agency 69

7.3. Roles & Responsibilities 69

7.4. RP Implementation Schedule 74

Chapter 8: Cost Estimates & Budget 77

Chapter 9 : Monitoring & Evaluation 81

9.1 Need for monitoring 81

9.2 Monitoring at EA level 81

9.3 Stages of Monitoring 82

ADB State Road Project in Jharkhand

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9.4. Reporting Requirements 84

LIST OF ANNEXES

Annexure I : Resettlement Survey Questionnaires

Annexure II: Terms of reference for the NGO/agency

Annexure III: Terms of Reference for an External Monitoring & Evaluation

Agency/Consultant

ADB State Road Project in Jharkhand

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EXECUTIVE SUMMARY

A. The Project

The Jharkhand (JH) State Highway Project entails the upgradation and improvement of the

existing State roads of Jharkhand with ADB assistance under the ADB‟s Country Operations

Business Plan (2007-2009). The project will rehabilitate the deteriorated and damaged state

road corridors to provide reliable road transport services and hence reduce poverty in the long

term. The Executing Agency (EA) for this project will be the Jharkhand State Road

Construction Department (JHRCD) which is responsible for about 6800 kms roads consisting

of NH‟s, SH‟s and District roads.

In accordance with ADB‟s procedure for Project lending, a project road has been selected in

the state of JH for project preparation and processing. This subproject comprises of the

upgradation of the State highway section of Gobindpur – Jamtara – Dumka – Barhet –

Sahebganj comprising of a total length of 310.7 kms, traversing through a total of six districts

in the state. This existing road will be converted into a 2 lane State Highway under the Project.

The subproject design of the Govindpur - Jamtara were revisited and modified to avoid impact

on the commercial and residential structures at Govindpur junction by means of a provision of

a 6.5 km long bypass. The new alignment passes through mostly agriculture land. The

entrance point of the corridor was earlier Govindpur chowk, which has now been shifted 900

mtrs from the earlier one. The total length of the realignment is 6.5 Kms and it merges with the

highway at approximately 8 Kms at the Kharni village.

B. Project Benefits and Impacts

The Project will augment connectivity between the six districts (Dhanbad, Jamtara, Dumka,

Deoghar, Pakur and Sahibganj) and will lead to the easy accessibility of the local people to

essential socio-economic services such as health care, education, administrative services and

trade centers enhancing the general quality of life. One of the key problems faced by the local

people presently is the lack of means of transport, as very few public transport ply on these

roads due to the poor road condition. The limited transport vehicles that do ply charge nearly

double fare particularly making accessing socio-economic services difficult for the poor

communities in the area. The Project, by improving road condition, is anticipated to improve

access and transport options manifold thereby benefiting the locals particularly the poor.

The package starts at Gobindpur and passes through Pokhariya – Palubera - Karamdah ghat

– Narayan pur More and reaches Jamtara, this package is in two districts i.e. Dhanbad and

Jamtara. The corridor is of 79.2 kms and consists of two bypasses, namely the Govindpur

bypass and Jamtara Bypass.

The realignment starts with a total widening of 70 meters, at the point of entrance and reduces

to 45 meters after 200 meters. Though the Project will involve improvements to a two-lane

standard, the land acquisition undertaken by the government is as per the four-lane expansion

criterion taking into account future expansion needs. The bypass passes through six villages

of Dhanbad District- Karmatand, Kumhardih, Kushmatand, Lahardih, Pathuria and Kharni.

In order to assess the Project level resettlement impacts for the realignment, a detailed census

was undertaken in August- September, 2010 on the 6.5 km road section. This survey identified

a total of 230 households which will be affected by the 6.5k ms realignment section in

Dhanbad. A total of 92 acres of land would be acquired for the bypass section. In line with this

recent survey, the existing census database for Govindpur- Jamtara subproject section has

ADB State Road Project in Jharkhand

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been updated. The updated census survey data brings forth that a total of 925 affected

households comprising of 8016 persons will be affected by the subproject.

Based on latest census survey and update, a total of 160.40 acres of land and 1163 assets

(comprising of agricultural plots, residential, commercial and residential cum commercial

assets, trees etc) will be affected as a result of the subproject improvements.

Table A: Summary Profile of Affected Population in Package I: Govindpur – Jamtara

based on updated census survey

Description Old RP (Census 2008) Changes due to New Alignment

Total Project Affected Households

835 households

925 HHs (From the old census database, 140 households were excluded whereas 230 new households got included 0F

1)

Total Project Affected Persons

7345 persons 8016 persons

(1164 persons got excluded whereas 1835 new APs got included)

Total land getting affected 86.25 acres 1F

2

160.40 acres (Additional 93 acres getting affected

due to the new bypass)

Source: Resettlement Census, 2010

A total of 925 HH will be affected by the project, and majority of the affected households (48%)

would lose their agricultural land. This is followed closely by those households, who would lose

their residential assets (30%), while 8% of the affected households each would incur impact on

their commercial and residential cum commercial assets respectively. It is imperative to note

that 5% (50 HH) of the affected HH would incur loss on more than one type of their assets.

Table B: Details of Affected Population in Package I: Govindpur - Jamtara

Description Units

(as per Census 2008)

Updated Units

(as per Census 2010)

Total Project Affected Households 835 households 925 households

Total Project Affected Persons 7345 persons 8016 persons

Average Family Size of affected

households 8.7 persons per family 8.66 persons per family

Total land getting affected 86.25 acres 2F

3 160.40 acres

Total affected assets 1069 assets 3F

4 1163 assets

Out of the total affected households,

no. of Households with vulnerabilities 347 households 408 households

1 Though more households are being affected by the realignment, earlier it was resulting in huge

displacement of the people, now mostly agriculture land is being affected. 2 Includes agricultural land, residential land, commercial land, residential cum commercial land, other

asset (such as cattle shed and store) land. 3 Includes agricultural land, residential land, commercial land, residential cum commercial land, other

asset (such as cattle shed and store) land. 4 Includes assets such as structures, agricultural plots.

ADB State Road Project in Jharkhand

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Total No. of Affected Tenants 49 Tenants 39 Tenants

Total No. of Affected Employees 38 Employees 32 Employees

Main Occupation of Affected

households

Majority of the households

deriving their incomes and

livelihoods from more than

one source namely – non-

agriculture labor,

Agriculture and Trade &

Business, etc.

Source: Resettlement Census Survey, 2010

C. Measures to Minimize Impact

All necessary efforts have been made in order to minimize the subproject impacts and to

reduce disruption of livelihood. In order to minimize impacts to the maximum possible extent,

adequate provisions have been incorporated into the planning and design of the subproject to

minimize or mitigate any unavoidable impacts. As aforementioned, the earlier alignment

traversed through the densely habitated Govindpur market thereby adversely affecting a large

number of commercial establishments and residential structures. In order to avoid impact on

these structures and the livelihoods of the people, a 6.5 kms bypass for this section (under

Package I) was introduced. This realignment passes mostly through agricultural land and

thereby has limited impact on residential as well as commercial assets.

D. Objective of the Resettlement Plan

The resettlement plan (RP) is guided by the National R&R Policy - 2007, JH R&R Norms –

2009, Bihar R&R Policy - 2007 and various state laws on land acquisition, and relevant ADB

Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary

Resettlement (2006).

The primary objective of the RP is to identify impacts and to plan measures to mitigate various

losses of the subproject. The RP is based on the general findings of the resettlement census

survey, field visits, and meetings with various project-affected persons in the subproject area.

The RP presents (i) type and extent of loss of assets, including land and structures; (ii)

principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based

on the inventory of loss and (iii) budget, institutional framework for the implementation of the

plan, including monitoring and evaluation.

Considering the changes in the alignment and the inclusion of a new bypass at Govindpur, this

RP has been updated based on new census survey (conducted on the 6.5 kms bypass

section) August - September 2010.

E. Stakeholder Participation and Disclosure of RP

Local level stakeholders were consulted in the subproject area while conducting initial social

and poverty assessment. Similarly, due consideration was also given for Stakeholder

consultations and community participation at different levels during RP preparation.

Consultations were also undertaken with the 230 newly affected HH (on Govindpur bypass

section) being included in this RP.

A summary of this updated Resettlement Plan (RP) will be translated into Hindi and Santhali

and will be made available to the affected people included in RP based on census survey of

ADB State Road Project in Jharkhand

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September 2010, by the Executing Agency (EA) for review and comments on the policy and

mitigation measures by means of subproject-level Disclosure workshops prior to loan

negotiation. The proceedings of the disclosure workshop and the feedback received will be

sent to ADB for review. The final updated RP will also be disclosed on the ADB Website.

F. Implementation Arrangements & Grievance Redressal

Executing Agency (EA) of the State Road Project in Jharkhand is the Road Construction

Department (RCD) of the State government and will be responsible for overall strategic

guidance, technical supervision, execution of the project, and ensuring compliance with the

loan covenants. Project Implementation Cell under Road Construction Department will be

established in Ranchi. This PIC will be headed by a full-time Director (ADB Project) reporting

to the Secretary – RCD.

PIC would also ensure monitoring any changes to the subproject design. In case of change in

subproject design thereby entailing change in resettlement impacts, a re-evaluation and

updating of the RP will be undertaken. The updated RP will be disclosed to the APs, endorsed

by the EA and will be submitted to ADB for approval prior to award of civil works contracts for

the subproject. The updated RP, not just the summary will be disclosed to the APs as well as

uploaded on the ADB website and RCD website after ADB review and approval. PIC would

also ensure that resettlement budgets are delivered on time for RP implementation. A field

based District level Implementation Cell, headed by an Executive Engineer and assisted by a

dedicated R&R Officer (RO) to implement the RP, will be responsible for the day-to-day

implementation of the RP. This DIC will be assisted by local NGOs.

In order to resolve and address the grievances of the communities and people affected, a

Grievance Redressal Cell would be established at the District Implementation Cell level. This

Cell will comprise of the Executive Engineer, local NGO representative, community leaders

(non- political), representatives of affected persons including women and vulnerable groups.

To facilitate inter-departmental coordination as well as ensure speedy resolution of issues and

grievances of the communities, a District level task force chaired by District Collector and

comprising of District Land Acquisition Officer (DLAO), District Forest Officer (DFO), Executive

Engineer and Additional District Magistrate and Relief Officer has been constituted at the each

district level.

All compensation and other assistances 4F

5 will be paid to all APs prior to commencement of civil

works. A detailed implementation schedule for the various activities is provided in Figure 7.2 in

the main text.

G. Budget

The total estimated cost for resettlement operation and management for the Project Rs. 227,254,096 US$ 5,410,812 H. Training, Monitoring & Evaluation

An orientation and training in resettlement management will be provided under the Project by

the ADB Consultant on NGO Engagement to the NGOs focusing on issues concerning - (i)

5 While compensation is required prior to dispossession or displacement of affected people from their assets, the full

resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a

longer period of time after civil works have begun. Affected people will be provided with certain resettlement

entitlements, such as land and asset compensation and transfer allowances, prior to their displacement,

dispossession, or restricted access.

ADB State Road Project in Jharkhand

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principles and procedures of land acquisition; (ii) the policies and principles agreed under the

ADB loan; (iii) public consultation and participation; (iv) entitlements and compensation

disbursement mechanisms; (v) Grievance redressal and (vi) monitoring of resettlement

operation.

The RP will have both internal and external monitoring. Internal Monitoring will be a regular

activity for the PIC, which will oversee the timely implementation of R&R activities. Internal

Monitoring will be carried out by the PIC and its agents, such as NGOs and will prepare

monthly reports on the progress of RP Implementation.

External (or independent) monitoring will be hired by ADB to provide an independent periodic

assessment of resettlement implementation and impacts to verify internal monitoring, and to

suggest adjustment of delivery mechanisms and procedures as required.

ADB State Road Project in Jharkhand

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CHAPTER I:

THE PROJECT

1.1. Project Description

The Jharkhand (JH) State Highway Project entails the upgradation and improvement of

the existing State roads of Jharkhand with ADB assistance under the ADB‟s Country

Operations Business Plan (2007-2009). The project will rehabilitate the deteriorated and

damaged state road corridors to provide reliable road transport services and hence

reduce poverty in the long term. The Executing Agency (EA) for this project will be the

Jharkhand State Road Construction Department (JHRCD) which is responsible for about

6800 kms roads consisting of NH‟s, SH‟s and District roads.

In accordance with ADB‟s procedure for Project lending, a project road has been selected

in the state of JH for project preparation and processing. This subproject comprises of the

upgradation of the State highway section of Gobindpur – Jamtara – Dumka – Barhet –

Sahebganj comprising of a total length of 310.7 kms, traversing through a total of six

districts in the state. This existing road will be converted into a 2 lane State Highway

under the Project. The sample subproject has been sub-divided into a total of four

packages which are illustrated in Table 1.1 below:

Table 1.1: Detail of the sample subproject

Package Name of the Package Districts Covered Length (in kms)

Package I Govindpur – Jamtara

( Govindpur Bypass &

Jamtara Bypass)

Dhanbad, Jamtara 61.7 Km

6.5 km

11.0 km

Package II: Jamtara – Dumka

(Dumka Bypass)

Jamtara, Dumka, Deoghar

75.5 Km

6.5 km

Package III: Dumka – Barhet

Sahebganj, Dumka, Pakur

98.1 Km

Package IV Barhait – Sahebganj Sahebganj 49.9 Km

TOTAL 6 districts 310.7 kms

Source: Design Review Report, Sheladia

The project corridor passes through six districts of newly formed state of Jharkhand that

are Dhanbad, Jamtara, Dumka, Deoghar, Pakur and Sahebganj constituting the Santhal

Parganas. Santhal Parganas constitute one of the administrative Divisions of Jharkhand

state, India. This is now the one of the commissionaires of Jharkhand with its

headquarters in Dumka. Presently, this administrative division has 6 districts, namely,

(Godda, Deoghar, Dumka, Jamtara, Sahibganj and Pakur).

The project region is situated in the north east of the state adjacent to West Bengal of which Dhanbad, Jamtara, Dumka, Deoghar and Sahebganj are the main towns. Dhanbad, known as the “Coal capital of India”, a big city along the National Highway (NH-2)

ADB State Road Project in Jharkhand

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popularly known as GT Road, is the nerve center of production and distribution of the coals due to its with all weather road connectivity. 1.2. Project Benefits and Impacts

The state roads network mainly comprises of the state Highways (SHs), Major District

Roads (MDRs, Other District Roads (ODRs) and Rural roads (RR). The project aims at

improving the state road mainly comprising of state highway and converting it into a two

lane State Highway (SH) by upgrading and rehabilitating the existing road. The Project will

augment connectivity between the six districts (Dhanbad, Jamtara, Dumka, Deoghar,

Pakur and Sahibganj) and will lead to the easy accessibility of the local people to

essential socio-economic services such as health care, education, administrative services

and trade centers enhancing the general quality of life.

One of the key problems faced by the local people presently is the lack of means of

transport, as very few public transport ply on these roads due to the poor road condition.

The limited transport vehicles that do ply charge nearly double fare particularly making

accessing socio-economic services difficult for the poor communities in the area. The

Project, by improving road condition, is anticipated to improve access and transport

options manifold thereby benefiting the locals particularly the poor.

The package starts 900 meters ahead of NH2 with Giridih –Tundi road at Govillage

Kadmatad and passes through Pokhariya – Palubera - Karamdah ghat – Narayan pur -

and reaches Jamtara, this package is in two districts i.e. Dhanbad and Jamtara.

As part of the Project, the existing road would be improved and widened to standard two

lane entailing a total widening of 30 to 45 meters 5F

6. Though the Project will involve

improvements to a two-lane standard, the land acquisition undertaken by the government

is as per the four-lane expansion criterion taking into account future expansion needs.

While definite limits of ROW at site was not available, during surveys rough calculations

were made based on record review and interaction with community and revenue officials

and on the basis of these calculations, package wise width of the ROW was found to be

upto 15 meters.

In order to assess the Project level resettlement impacts, a detailed census survey was

undertaken packagewise from January 2008 onwards. During the survey, it is estimated

that a total of 835 households will be affected by way of the project in the subproject

districts of Dhanbad and Jamtara. Of these 317 HH fall under the jurisdiction of Dhanbad

district while the rest 518 in Jamtara district. Subsequently, the subproject design of the

Govindpur - Jamtara was modified to avoid impact on commercial structures at Govindpur

junction by means of a provision of a 6.5 kms long bypass. In line with this modification, a

census survey was undertaken on this 6.5 km section in August - September 2010. The

census database for this subproject section was updated based on the recent survey and

based on the same this updated RP has been prepared. The updated census survey

identified a total of 925 affected households comprising of 8016 persons will be affected

by the subproject.

The impacts incurred by the affected households would be in terms of loss of agricultural

land and structures, which include residential, commercial as well as residential cum

commercial. The majority of the affected households (41%) would lose their agricultural

6 In case of Jamtara & Dumka bypass, in some places a total widening of 60 meters will be undertaken

taking into account technical specifications.

ADB State Road Project in Jharkhand

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land. A total of 160.40 acres of land and 1163 assets (comprising of agricultural plots,

residential, commercial and residential cum commercial assets etc) will be affected as a

result of the subproject improvements.

Table 1.2 below presents a summary of the impacts and affected population in Package I.

Table 1.2: Summary Profile of Affected Population in Package I: Govindpur -

Jamtara

Description Units as per Census

2008

Updated Units (as per

Census 2010)

Total Project Affected Households 835 households 925 households

Total Project Affected Persons 7345 persons 8016 persons

Average Family Size of affected

households 8.7 persons per family 8.66 persons per family

Total land getting affected 86.25 acres6F

7 160.40 acres

Total affected assets 1069 assets7F

8 1163 assets

Out of the total affected households,

no. of Households with

vulnerabilities

347 households 408 households

Total No. of Affected Tenants 49 Tenants 39 Tenants

Total No. of Affected Employees 38 Employees 32 Employees

Main Occupation of Affected

households

Majority of the households

deriving their incomes and

livelihoods from more

than one source namely –

non-agriculture labor,

Agriculture and Trade &

Business, etc.

Source: Resettlement Census Survey, 2010

1.3 Measures to minimize impact

All necessary efforts have been made in order to minimize the subproject impacts and

reduce disruption of livelihood. In order to minimize impacts to the maximum possible

extent, adequate provisions have been incorporated into the planning and design of the

subproject to minimize or mitigate any unavoidable impacts. The key technical efforts

undertaken to minimize impact are enumerated below:

7 Includes agricultural land, residential land, commercial land, residential cum commercial land, other

asset (such as cattle shed and store) land. 8 Includes assets such as structures, agricultural plots.

ADB State Road Project in Jharkhand

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1. New Bypass at Govindpur - The earlier alignment pass through the dense

Govindpur market adversely affecting a large number of commercial establishments as

well as residential assets. In order to avoid impacts on the livelihoods of the people here,

a bypass for this section under Package I area has been proposed. This realignment

passes mostly through agricultural land and minimally affecting residential as well as

commercial assets. This bypass provision has reduced the displacement of 140

households and units.

2. Community bypasses in several village areas – Local realignments of the main route that have been introduced in order to shift the roadway (required to be widened to 12m overall) out of the built up areas and into a more rural setting. By doing so, this reduces the number of parcels / property owners affected by land acquisitions needed to meet the new RoW requirements. It also reduced the number of roadside building to be demolished.

3. Alignment - Outside of developed areas, the design has to the extent possible,

followed the existing road alignment. This has led in some case to what may be considered to be a somewhat 'sub-standard' geometric alignment for a new state highway facility but offers the advantage of minimizing impact on adjacent agricultural and forest areas.

4. Embankment construction - The introduction of 'toe' retaining walls in some areas of high fill construction in order to reduce the width of new RoW required. Furthermore, in a few areas the embankment is required to be constructed in or close to existing ponds. The 'toe' wall approach reduced the extent of the encroachment into important local resources.

5. Traffic management during construction – As far as possible the design has

included for the reconstruction of cross drainage structures to be in the same location as the existing that they are to replace and for the use of single-lane traffic flows during construction work. In several cases, this has eliminated the need for temporary road detours at such sites leading to corresponding reductions in (temporary) property acquisition and disturbance of local property usage.

1.4 Objective of the Resettlement Plan The resettlement plan (RP) is guided by the National R&R Policy - 2007, JH R&R Norms –

2009, Bihar R&R Policy - 2007 and various state laws on land acquisition, and relevant

ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary

Resettlement (2006).

The primary objective of the RP is to identify impacts and to plan measures to mitigate

various losses of the subproject. This RP is based on the general findings of the

resettlement census survey, field visits, and meetings with various project-affected

persons in the subproject area. The RP presents (i) type and extent of loss of assets,

including land and structures; (ii) principles and legal framework applicable for mitigation

of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget,

institutional framework for the implementation of the plan, including monitoring and

evaluation.

ADB State Road Project in Jharkhand

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CHAPTER II:

THE PROJECT STATE & SUBPROJECT DISTRICTS

This chapter presents an overview of the Project state highlighting the central issues for development such as demographic trends, state of the economy, poverty, literacy, and trends in urbanization. Socio-demographic as well as economic realities of the state of Jharkhand and the subproject districts of Dhanbad and Jamtara falling in Package I: Govindpur to Jamtara section has been detailed below.

2.1. The Project State

The state of “Jharkhand” (JH) as the name suggests spreads over most of the

mountainous plateau and forest region of the erstwhile State of Bihar and covers most of

Chotta Nagpur Region. Jharkhand became the 28th State of the Indian Federation on

November 15th 2000. The State originally comprised of 18 districts. Later on, four new

districts Simdega (out of Gumla), Latehar (out of Palammu), Saraikela (out of West

Singhbhum) and Jamtara (out of Dumka) were carved out making 22 districts. Table 2.1

below presents the key socio-demographic data of the State and subproject district of

Sahibganj through which Package IV traverses.

Table 2.1: Key socio-demographic data of the state and the Project district

Source: Census Report, 2001

2.1.1. Socio – Demographic Profile 8F

9

Location: The state of Jharkhand is bordered by Bihar, Madhya Pradesh, Orissa and

West Bengal to its north, west, south and east respectively. The state is a plateau about

900 m above sea level. The highest part of the plateau is Netarhat, which has an

elevation of 1100 m. The Parasnath Hill is the highest point with an elevation of 1460 m.

The plateau is full of mountain ranges covered with dense forests. A number of rivers and

rivulets flow down through the hilly terrains and valleys.

Demographic Trends: Population of Jharkhand on 1st March 2001 was 269,45,829 which

gives it 13th place among 28 States and 7 Union Territories of India. The population ratio

between the State and India is 2.13 percent. Male to female ratio in the state is 941

females per 1000 males while in 1991 it was 922 females per 1000 males. The total area

of the new state is 79.714 Sq.km, which is 2.52 percent to that of India. The density of

9 Source of information is Census Report, 2001 and Secondary data.

1BDistrict Population

2001

Decadal Growth

Rate 0BSex Ratio Density

1991 2001 1991 2001 1991 2001

Jharkand State 26,909,428 24.03 23.19 922 941 274 338

Dhanbad 2,394,434 22.70 22.82 819 874 950 1167

Jamtara 544,856 20.56 21.42 920 948 230 310

ADB State Road Project in Jharkhand

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Population in Jharkhand is 274 persons per Sq. km with a rate of increase in population

during 1991-2001 of 23.19%, slightly higher than the India‟s growth rate of 21.34%. Out of

the total population, ST comprises 26.3% of the total (7,087,068) and SC comprises 12%

(3,189,320) The state has a total of thirty (30) Scheduled Tribes. The Scheduled Tribes

are primarily rural as 91.7per cent of them reside in villages. Santhal, Oraon, Munda, Ho,

Kharia, Bhumij, Lohra and Kharwar are the major tribes found in the State of Jharkhand.

The main languages spoken in Jharkhand are Santhali, Mundari, Kurukh , Khortha

Nagpuria, Sadri, Kharia, Panchparagnia, Ho, Malto, Karmali, Hindi, Urdu, and Bangla. In

some pockets Oriya, and Bhojpuri are also spoken.

Literacy: The recent literacy rate in the state is 54.13%, up from 41.39% in 1991 and it is

second from the bottom among 28 States and 7 Union Territories. The female literacy rate

improved from 25.52 per cent in 1991 to 39.38 percent in 2001.

2.2 Subproject District9F

10

The following section presents a brief profile of the project districts of Dhanbad and

Jamtara.

2.2.1. Dhanbad District

The Dhanbad district is situated in the state of Jharkhand and lies between 23°37'3" N

and 24°4' N latitude and between 86o6'30" E and 86o50' E longitude. The district covers

an area of 2509.5 sq. km. with total population of 23, 97,102. Out of this males constitute

53% and females constitute 47% of the total population. The percentage of population

living in rural and urban area is 48% and 52% respectively. Administratively the district is

divided into 1349 villages, 8 blocks and 311 panchayats.

The average literacy rate of this district is 74%, higher than the national average of 59.5%:

with male and female literacy of 79% and 68%. 12% of the population of Dhanbad is

below 6 years of age.

The Dhanbad district has 71127.88 ha of agriculture land. Out of this, irrigated area is only

5156.28 ha. The major crop grown in the district is paddy and other crops are wheat,

pulses and vegetables. The forest area in the district is about 17728.29 ha. Dhanbad is

particularly famous for its coal mines and industrial establishments; which play a key role

in its economy and because of which it is referred to as the "Coal Capital" of India.

2.2.2. Jamtara District

The Jamtara district is situated in the state of Jharkhand and lies between 23°10‟ N to

24°5‟ N latitude and between 86°30‟ to 87°15‟ East longitude. The district covers an area

of 177743 ha with total population of 5,97,287. Out of this male constitutes 51% and

female constitutes 49% of the total population. Administratively, the district is divided into

1084 villages, 4 blocks and 118 panchayats.

Jamtara has an average literacy rate of 66%, higher than the national average of 59.5%

with male and female literacy of 75% and 57%.13% of the population of Jamtara is under

6 years of age.

10

Source of information is Census Report, 2001 and Secondary data.

ADB State Road Project in Jharkhand

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The Jamtara district has 65721 Ha of agricultural land. Out of this, irrigated area is only

5390 ha. The major crop grown in the district is paddy and other crops are wheat, pulses

and vegetables. The forest area in the district is 7104 Ha.

ADB State Road Project in Jharkhand

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CHAPTER III:

FINDINGS OF THE RESETTLEMENT CENSUS SURVEY

3.1 Objective of the Resettlement Census Survey The resettlement census survey is a comprehensive survey that covered 100%

households getting affected by the subproject (Pkg I), irrespective of their entitlement or

ownership status. This survey was undertaken along the subproject by a trained survey

team comprising of social researchers.

The objective of the census survey was to identify the affected persons and generate an

inventory of social and economic impacts on the project affected persons, the structures

affected, socio-economic profile of the project affected people, their perceptions about the

project and rehabilitation and resettlement options. A schedule was prepared to collect

detailed information on the socio-economic status of the affected persons and

households. In addition, considering the type of loss namely – residential, commercial,

residential-cum-commercial, land etc of the AP a loss-specific schedule was filled for that

AP. A copy of the survey tools used during the census survey is enclosed as Annexure

1.

The updated census survey identified a total of 925 affected households comprising of

8016 persons will be affected by the subproject. The list of APs and the project database

is annexed as Annexure 2.

3.2 Methodology The key methods employed by the team during the course of the survey are in order:

Marking of affected assets and structures as per the engineering design;

One-to-one household interview with the affected households;

Small group consultations, key informant interviews and focus group discussions were also undertaken with affected persons including women and vulnerable groups, shopkeepers, revenue officials and property dealers during the survey.

3.3 Findings of the Resettlement Census survey Of the total 925 affected households (HH), 407 HH (44%), fall under the jurisdiction of

Dhanbad district while the remaining 518 HH (56%) are in Jamtara district.

The main impacts incurred by the affected households entail loss of agricultural land and

structures, which include residential, commercial as well as residential cum commercial.

Majority of the affected households (48%) would incur impact on their agricultural land.

This is followed closely by those who would lose the residential assets (30%) while 8% of

those affected would incur impacts on their commercial and residential cum commercial

asset respectively. It is also imperative to note that 5% (50 HH) of the affected HH would

incur loss on more than one type of their assets.

In terms of the district wise distribution of losses, (Table 3.1), in the subproject district of

Dhanbad, of the 407 affected HHs, 55% would incur a loss of agriculture assets followed

by 23% bearing an impact on their residential assets. Additionally, the project would affect

ADB State Road Project in Jharkhand

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commercial assets of 19 households accounting for 5% of the total affected households

and residential cum commercial assets of another 19 households. As mentioned above,

the 50 HH incurring n impact on more than one type of their asset, all fall in Dhanbad

jurisdiction.

Table 3.1: District Wise Distribution of Type of Losses

Type of Loss

District wise Number of Affected Households

Dhanbad Jamtara Grand Total

In No.s

In %age

In No.s

In %age

Agriculture 225 55.28 220 42.47 445

Commercial 19 4.67 53 10.23 72

Residential cum Commercial

19 4.67 58 11.20 77

Residential 94 23.10 187 36.10 281

More Than One 50 12.29 - - 50

Grand Total 407 HH 100.00 518 HH 100.00 925 HH

Source: Resettlement Census Survey, 2010

In the other subproject district of Jamtara, 518 households are affected as brought forth

by the census survey, accounting for 56% of the total affected households in the

subproject section. As seen in Dhanbad, maximum number of households (220HH) i.e.

43% would incur impact on their agriculture land followed by affect on residential assets

(36%). In addition, 10% of the total affected households (518) in Jamtara would bear an

impact on their commercial assets while another 11% on their residential cum commercial

assets. As in the case in Dhanbad, we can see that the project impacts are largely on the

source of livelihood of the affected households followed by that on their living quarters.

69 of the total affected households were absent during the census survey. Of these 69

HH, 55 HH are from Dhanbad whereas the rest (14 HH) are from Jamtara. These HH

have been indicated as absent in the relevant data tables.

A. VULNERABILITY

There are certain sections of the society who are placed at the lower wrung of the

development ladder due to their socio-economic status hence making them vulnerable in

the process. Some of these socio-economically vulnerable households as identified and

that would be affected as a result of the Package I construction comprise of - a) families

below poverty line (BPL) category; b) Female headed household (FHH); c) Scheduled

Caste (SC); d) Scheduled Tribe (ST); e) families headed by elderly and f) those with

disability.

In order to give due attention to such households, such households were identified during

the course of the census survey and appropriate provisions to mitigate their losses as well

as special provisions to ensure that they are not further marginalized in the process have

been incorporated in the RP.

ADB State Road Project in Jharkhand

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The census survey brought forth that of the total affected 925 households in the

subproject section, 408 HH fall in the vulnerable category, comprising 44% of affected

households. Table 3.2 below enumerates the specific district wise socio-economic

vulnerable households.

Table 3.2: District wise Vulnerability Status of affected households

Type Of Vulnerability

District wise Number of Affected Households

Dhanbad Jamtara

Grand Total

In No.s

In %age In No.s

In %age

BPL 33 8.11

15 2.90

48

Disabled 2 0.49

1 0.19

3

Elderly 25 6.14

84 16.22

109

FHH 2 0.49

4 0.77

6

MF 27 6.63

2 0.39

29

SC 3 0.74

23 4.44

26

ST 25 6.14

58 11.20

83

More Than One 99 24.32

5 0.97

104

NA 191 46.93

326 62.93

517

Grand Total 407 HH 100.00

518 HH 100.00

925 HH

Source: Resettlement Census Survey, 2010

The data reveals that, the maximum number (27%) of households among these 408

vulnerable households comprise of the households headed by elderly, followed by 20%

ST HHs. Amongst the ST HHs, the dominant ST group came forth as Santhals. A

detailed description of the socio-economic profile of the IP population in the subproject

section is given in Chapter 4.

Additionally, 48 households among the total vulnerable households are living below

poverty line. The census findings show that 25% (104 HH) of the total 408 vulnerable

households comprise of those who suffer from multiple vulnerabilities.

B. FAMILY STRUCTURE

The survey findings are reflective of the urban trends emerging in the subproject section

as 45% (383 HH) of the total surveyed households (856 HH) are living in nuclear families.

Of these 383 affected households with nuclear family, the majority 212 HHs were

concentrated in Jamtara (55%) whereas the remaining 171 HH (45%) are in Dhanbad.

This is interesting as it indicates that the urban pattern of nuclear families is more visible

in Jamtara than in Dhanbad, which is an established urban town in the State.

Also, it was seen that 33% of the total surveyed households (856 HH) continue to live in

joint family system wherein 10-15 members reside together with a common kitchen

ADB State Road Project in Jharkhand

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whereas 23% households live in the extended family system with more than 16 members

living together. It is pertinent to note that in both the cases the maximum number of joint

and extended family type households are in Jamtara indicating the urban character of

Dhanbad viz-a viz Jamtara.

C. EDUCATIONAL STATUS

In the subproject area, the resettlement census survey showed very low rates of

educational attainments amongst the respondent interviewed in the affected households

as 36% (332 HH) of them were found to be illiterate while another 3% of them were able

to read and write as well as do basic mathematical calculations (functional literate).

Only 20% (186 HH) of the respondents had completed their primary level of education.

Interestingly the maximum number of such respondents were found in Jamtara as

compared to Dhanbad, which being an urban town has more centres of learning.

Additionally, another 12% have reached the secondary level of formal education while

less than half of this (5%) have studied up to higher secondary level. Further, there were

only 24 graduates and 5 postgraduates found in the sub project area suggesting the lower

levels of educational attainments viz-a-viz higher level of education.

During the interactions with affected households, it was seen that one of the reasons cited

for such low levels of literacy levels among the households was the poor condition of the

existing road and the consequent poor transport services. Very few and irregular public

and private run transport services are available for the general community and these are

usually overloaded with people making it unsafe for many especially children. This limits

their choice of educational centres especially for higher levels that are usually in major

towns or districts.

Table 3.3 details the educational attainments of the respondents of the affected

households:

Table 3.3 :District wise Description of Educational Attainment

Educational Status

District

Grand Total

Dhanbad Jamtara

In No.S In %Age

In No.S In %Age

Absent 55 13.51 14 2.70 69

Functional Literacy 13 3.19 12 2.32 25

Graduate 16 3.93 8 1.54 24

Higher Secondary 28 6.88 22 4.25 50

Illiterate 113 27.76 219 42.28 332

Middle 53 13.02 71 13.71 124

No Response 2 0.49 1 0.19 3

Post Graduate 3 0.74 2 0.39 5

Primary 63 15.48 123 23.75 186

Secondary 61 14.99 46 8.88 107

Grand Total 407 HH 100.00 518 HH 100.00 925 HH

Source: Resettlement Census Survey, 2010

ADB State Road Project in Jharkhand

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D. PRIMARY SOURCE OF INCOME

The State of Jharkhand is blessed with both agricultural land as well as rich mineral

resources with many key national industries like Bokaro Steel Plant, Tata Steel Plant etc

situated here. However, agriculture remains the mainstay of the economy with more than

80% of the population depending directly or indirectly on it. This is substantiated in the

findings of the census survey in the subproject section where 14% of the affected

households (925 HH) derive their source of income solely from agriculture. Only 5% of the

households depend on trade or business to earn their living.

Following from the low educational attainments of the respondents (Table 3.3) it can be

gauged that with low levels of education, the skills and knowledge of many persons would

be inadequate to warrant higher paying jobs. This is indicated by the fact that 3% of the

total affected households deriver their livelihood from non-agriculture labour that involves

construction activities, masonry while only there were only 6 households in subproject

section who depend solely on government service for their living.

The survey reveals that 67% of the affected households depend on more than one source

of income or their livelihood. As mentioned earlier, the majority of people depend on

agriculture for their living. Yet the State as a whole has not been able to realize the

optimum level of agricultural productivity. This is can be attributed to heavy dependence

on monsoon which is rather erratic than irrigation, frequent spells of floods as well as

droughts, small land holdings and low levels of farm mechanization. This largely forces

people to depend on multiple sources of income which include income earned from

diverse economic activities like wage labour activities (agriculture as well as non-

agriculture), forestry which involves selling basic forest produce like mahua, tendu leaves

as well as fuel wood, dairy etc depending on the opportunity for the same. The various

sources of income of the affected households in the subproject section is enumerated in

Table 3.4 below:

Table 3.4: District wise Description of the Sources of Income

Sources Of Income

District wise Number of Affected Households

Dhanbad Jamtara Grand Total

In No.s In %age

In No.s

In %age

Agriculture 57 14.00 75 14.48 132

Agricultural Labour 1 0.25 - 0.00 1

Allied Agriculture 2 0.49 1 0.19 3

Non Agriculture Labour

11 2.70 19 3.67 30

Trade/Business 10 2.46 37 7.14 47

Any Other 4 0.98 6 1.16 10

Government Service 6 1.47 - 0.00 6

Private Service 1 0.25 - 0.00 1

Profession 9 2.21 - 0.00 9

Pension 1 0.25 - 0.00 1

More Than One 250 61.43 366 70.66 616

Absent 55 13.51 14 2.70 69

Grand Total 407 100.00 518 100.00 925

ADB State Road Project in Jharkhand

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Source: Resettlement Census Survey, 2010

3.4 Gender Impacts of the subproject A. Gender Analysis

Like many other countries in the developing world, Indian women too fare worse than men

on most of the social indicators. Gender Development Index (GDI) which adjusts the

average achievement of each country in life expectancy, educational attainment and

income in accordance with the disparity in achievement between women and men, is a

powerful tool for tracking the trends in women‟s development. India with GDI value of

0.591 ranks 96th

in the World (UNDP Human Development Indicators 2004) - this exhibits

the lower value placed on women in India.

In comparison to the all-India sex ratio of 933 females per 1000 males, the state of JH

fares better off with a sex ratio of 941 females per 1000 males (Census 2001). The

subproject district wise sex ratio in purview of national context, the three subproject

districts of Jharkhand have a higher ratio than the national ratio.

Literacy rate is another parameter to assess the status of women in the society. Table 3.5

below presents the literacy rate among the male and female population at the national,

state and project districts level. The literacy rate prevalent in Jamtara is almost equal to

the national level and higher than the state average while in Dhanbad it is higher than

both the national and state levels. This can be attributed to the fact that Dhanbad is one of

the most industrialized districts of Jharkhand thus better and higher numbers of basic

services like education, medical etc are found here. In both the districts, female literacy

rate is lower than the male literacy rate.

Table 3.5: Literacy rate of the Project districts

S.No. State/Districts Literacy rate (%)

Male Female

1. India 65.38 75.96 54.28

2. Jharkhand 54.13 67.64 38.39

3. Dhanbad 74 79 68

4. Jamtara 66 75 57

Source: Resettlement Census Survey, 2010

Through the discussions and consultations held with the women, villagers and teachers in

the project area, it was found that at the primary level the enrolment ratio of male and

female is 50:50 but as the level increases the number of the female enrolment decreases

with a sharp dropout particularly after the middle school amongst the girls. One of the

reasons quoted for the dropout amongst girls was voiced as the unavailability of higher

schools in and around the village and the lack of connectivity to the higher level education

due to which many households on security and mobility grounds decline from sending

their girls to school outside the village.

The Maternal Mortality Rate (MMR) in the state of Jharkhand is 504 maternal deaths per

100,000 live births against the national MMR of 540. The majority of the child births in the

Project area and villages, as shared by the Anganwadi and local community, take place at

home by the traditional Dais (midwives). In some tribal villages, women shared usage of

ADB State Road Project in Jharkhand

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axe for cutting of the umbilical cord of the newly born baby by the local dais raising

serious concerns on aspects of health, and hygiene issues. On discussion with women

groups, it was found that the major health problems faced by the women in the project

area comprise of malaria, anemia, maternal anemia, jaundice and sexually transmitted

diseases (STI). For the treatment of these diseases, in majority of the cases women either

access the Public Health Centres in the villages or to the local doctors (quacks) and

ANM‟s. Only in case of the serious health problem, they go to the Hospitals situated in the

nearest districts. Women pointed one of the barriers to accessing health facilities out as

poor road condition. They shared that since the road condition is so poor that they largely

take recourse to the medicine given by the local quacks for their ailments. Accessing

health facilities become near impossible for many during night time and during rainy

season particularly during child birth risking the life of both mother and child in case of

emergencies.

Gender analysis was also undertaken during the course of the social assessments to look

into the current status and needs of the women in the study area and the potential impact

of the Project on them by means of undertaking PRA techniques such as decision-

making, mobility mapping etc. In addition, series of FGD‟s were held with women

belonging to various socio-economic groups in the subproject /package area to capture

women‟s collective perceptions about social, economic and cultural norms and their ability

to access facilities. Women‟s were also consulted to take their views and perceptions on

the Project impacts.

B. Gender impacts of the Project The augmentation of road network and services, as per the women participants, will have

far-reaching impacts on them and their lives. Firstly, they expressed that their mobility will

be greatly enhanced. The Project would definitely augment the frequency and quality of

the transport, thereby further improving access of women to various services and by and

large women of various castes and communities on each of the project packages

expressed the need for the road construction. They were of the opinion that they will

especially benefit from the Project, since their mobility will be augmented both in terms of

access to social services, as well as access to higher levels of schooling. The road

construction would also considerably augment their access to higher levels of health care

outside the village. In other words, the Project will provide both men and women and offer

special benefits to women by increasing the opportunity for girls to access middle level

and higher education, and the access for women and children to improved local services

and higher levels of health care outside the village.

However, in terms of safety, women voiced some concerns particularly with regard to the

safety of their children as they were of the opinion that the widening & up gradation of the

road would increase the number of the vehicles thereby increasing the safety hazards for

children, elderly as well as women. Another negative impact of the project considered by

women is the loss of the assets that includes the land, houses and other assets.

The Project is anticipated to have direct adverse impacts on 36 FHHs of which 31 are in

Dhanbad and only 5 in Jamtara. Table 3.6 below enumerates the impacts on Female

headed households (FHH). As enumerated in the Table below, the majority of the FHH

will incur impact on their agricultural assets. 8 FHHs would bear an impact on more than

one type of their asset as indicated in table 3.6.

ADB State Road Project in Jharkhand

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Table 3.6: District wise impact on Female headed households

Type of Loss

Name of the District

Dhanbad Jamtara

Grand Total

In No.s In

%age

In

No.s In

%age

Agriculture 21 67.74 3 60.00 24

Residential 2 6.45 2 40.00 4

Agriculture + Tree 5 16.13 - - 5

Agriculture+ Irrigation Unit +

Trees 1 3.23 - - 1

Residential+ Agricultural+ Trees

1 3.23 - - 1

Residential+ Agriculture

1 3.23 - - 1

Grand Total 31 HH 100.00 5 HH 100.00 36 HH

Source: Resettlement Census Survey, 2010

However, adequate provisions have therefore been made in this RP to provide additional

assistance to these FHH so as to restore their livelihood.

3.5 TYPES OF PROJECT IMPACTS

The resettlement census survey brought forth that 925 HH would be affected in the

subproject area. From the data, it was ascertained that 48% of the affected households

would incur loss of agricultural assets, 30% of residential assets, 8% of Residential cum

Commercial, another 8% of commercial assets while 5% on multiple assets. This has

been presented in table 3.1.

3.5.1 IMPACT ON AGRICULTURAL ASSETS

The data from the census survey brought forth that 782 HH would bear an impact on their

agricultural assets. Of these 782 HH, 48% of the HH are from Dhanbad while the rest of

the 52% HH are from Jamtara.

A. TYPE OF LAND

The census survey revealed that all the affected plots belong to titleholders. As

aforementioned only 14% of the affected households (925 HH), depend solely on

agriculture for their livelihood despite the fact that majority of the people in the State as a

whole depend on agriculture for their livelihood. One of the prime reasons for the same is

the heavy dependency on monsoon which is erratic than on regular means of irrigation

leading to low agricultural productivity. This is reflected in the findings of the survey (See

table 3.7) where 86% of the total affected plots are unirrigated implying that most of the

cultivators depend heavily on the annual monsoon for cultivation. Only 14% of the total

affected plots are irrigated.

ADB State Road Project in Jharkhand

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Table 3.7: District wise Description of type of land

Type Of Land

District wise Number Of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s In %age

In No.s In %age

Irrigated 81 21.77 21 5.12 102

NA - - 9 2.20 9

Unirrigated 291 78.23 380 92.68 671

Grand Total 372 100.00 410 100.00 782 Plots

Source: Resettlement Census Survey, 2010

B. EXTENT OF LOSS

The analysis of the impact ratio on affected plots brought forth that 26% of the total

affected households would lose more than 10% of their total land holding, thereby

incurring “significant” impact as per the ADB policy.

Maximum number of affected plots (52%) would incur an impact of 01 - 05%. This is

followed by 15% of the affected plots bearing an impact on 5-10%. Table 3.8 enumerates

the extent of loss incurred.

Table 3.8: District wise Description of the Extent of Loss of Agricultural

land

Extent Of Loss

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s In

%age

In No.s In

%age

01 – 05% 147 39.52 262 63.90 409

05 – 10% 43 11.56 71 17.32 114

More Than 10 % 133 35.75 68 16.59 201

NA - - 9 2.20 9

Absent 49 13.17 - - 49

Grand Total 372

plots 100.00 410 plots 100.00 782 plots

Source: Resettlement Census Survey, 2010

C. VIABILITY OF THE RESIDUAL LAND

As aforementioned, in the entire subproject section, the census survey identified 782 plots

that would suffer an impact on their agricultural assets. However, as can be seen from the

Table 3.9, only 89 of them would be rendered non-viable for further cultivation.

The census brought forth the preference of the households to whom these plots belong on

whether they would like to retain the residual land or not. It is seen that the households

losing 4 of these affected plots would like that the project should acquire the residual land,

as they do not deem it viable for further use. They are of the opinion that they would not

be able to use the residual land as not much of it would be left after acquisition. Hence

ADB State Road Project in Jharkhand

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they would like that the project acquire the entire plot and award compensation for the

same.

On the other hand, the households to whom the rest 89 affected plots belong opined that

they would like to retain the rest of the land. There were primarily two reasons for the

same. Firstly, many people attached sentimental reasons to the land, as it is their primary

source of income as well as part of family legacy. Secondly, many opined that with the

widening of the road, they could put the residual land to some other use (commercial).

Table 3.9: District wise Distribution of Perception on Viability of Residual land

In Case Residual Land Becomes Non

Viable

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s In

%age

In No.s In

%age

Absent 49 13.17 - - 49

NA 251 67.47 393 95.85 644

No, Would Like To Retain The Land 72 19.35 13 3.17 85

Yes - - 4 0.98 4

Grand Total 372 Plots 100.00 410 Plots 100.00 782 Plots

Source: Resettlement Census Survey, 2010

3.5.2. IMPACT ON RESIDENTIAL ASSETS

In the subproject section, 287 residential assets would be affected by way of the project.

Further, it is seen that all the affected residential assets belong to legal titleholders. Table

3.10 enumerates the ownership pattern of the affected residential assets in the subproject

section.

Table 3.10: District wise Description of Ownership pattern

Legality Of

Structure

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s In

%age

In No.s In

%age

Owner 100 100.00 187 100.00 287

Grand Total 100 ASSETS

100.00 187 ASSETS

100.00 287 ASSETS

Source: Resettlement Census Survey, 2010

A. TYPE OF CONSTRUCTION

During the IPSA10F

11 Study as well as census survey it was noticed that the majority of the

residential structures in the subproject section are of the Kutcha type which are houses

made of hay and mud. In the subproject section, 48% of the residential structures affected

11

Refer IPSA Report 2007

ADB State Road Project in Jharkhand

- 26 -

are of the Kutcha type while 15% were of the semi pucca type, which would generally

mean that these are made of mud with a tin roof. However, only 8% of the residential

structures were of the pucca or RCC type.

Table 3.11: District wise Description of Type of Construction of Affected Residential

Assets

Type Of Construction

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s In %age

In No.s In %age

Kutcha 42 42.00 95 50.80 137

NA 44 44.00 41 21.93 85

Pucca 8 8.00 14 7.49 22

Semi Pucca 6 6.00 37 19.79 43

Grand Total 100

ASSETS 100.00 187

ASSETS 100.00 287 ASSETS

Source: Resettlement Census Survey, 2010

B. PORTION OF RESIDENTIAL ASSET GETTING AFFECTED

As shared earlier, 287 residential assets would be affected by way of the project.

However, it does not imply that the living quarters of the affected households would be

affected as many households would bear an impact on the homestead land available in

front of their homes or on empty plots of land.

As seen in table 3.12 below, maximum number of assets would have an impact on the

main structure of the assets accounting for 64% of the total affected residential assets.

This is related to the proximity of the structure to the existing road as the closer it is to the

road, the more chances of it to be affected by the project. In addition, 82 assets would

have an impact on the homestead land and not on the main structure directly. In case of

the remaining structures, the impact would be on various portions of the assets like

boundary wall, garden area etc.

Table 3.12: District wise Description of the type of Impact on Residential assets

Parts Of Asset Getting Affected

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s

In %age

In No.s

In %age

Main Structure 46 46.00 139 74.33 185

Plot/Land 42 42.00 40 21.39 82

Boundary Wall - - 1 0.53 1

More Than One 12 12.00 7 3.74 19

Grand Total 100

ASSETS 100.00 187

ASSETS 100.00 287

ASSETS

Source: Resettlement Census Survey, 2010

ADB State Road Project in Jharkhand

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C. SEVERITY OF IMPACT

The data reveals that with the impact on the residential structures (287), 35% of them

would be rendered non-livable or that the severity of the impact would make these not fit

for further living thus warranting relocation and rehabilitation measures for the same.

However, the rest 65% of them will have minor impact not affecting the complete structure

as such. This is enumerated in Table 3.13:

Table 3.13: District wise Description of the Severity of Impact

Severity Of Impact

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s

In %age

In No.s

In %age

Livable 71 71.00 115 61.50 186

Non Livable 29 29.00 72 38.50 101

Grand Total 100

ASSETS 100.00 187

ASSETS 100.00 287

ASSETS

Source: Resettlement Census Survey, 2010

D. RELOCATION AND REHABILITATION MEASURES

As aforementioned, though 287 assets would be affected by the project, only 101 assets

would incurr severe impact thereby making them non-livable. The suggestions and

choices of affected HHs (to whom the severely affected structures belonged) regarding

the relocation options were taken during the census survey. It was found that 50 HH

opined for self-relocation options. This was mainly because they have land available on

which they could shift their residential structures as well as their mistrust of the relocation

site chosen by the government as most of them preferred to relocate within the village

itself. However, the rest of the 50 affected (excluding one absent landlord) households

voiced their desire that they would want the project to assist them relocating to another

site preferred by them.

All of the affected households unanimously expressed need for adequate and timely

compensation.

The following table enumerates the relocation option chosen by the affected households.

Table 3.14: District wise Description of Perception of R&R

Type Of Relocation

Option

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s In %age In No.s In %age

Project Assisted 17 17.00 33 17.65 50

Self Relocation 11 11.00 39 20.86 50

Absent 1 1.00 - - 1

NA 71 71.00 115 61.50 186

Grand Total 100 HH 100.00 187 HH 100.00 287 HH

Source: Resettlement Census Survey, 2010

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3.5.3. IMPACT ON COMMERCIAL STRUCTURES

The subproject road traverses through some commercial centers thereby affecting

commercial enterprises. The resettlement census survey identified 72 commercial assets

operated by 72 households in the subproject section, which would be affected by the

Project construction. These are usually small commercial enterprises operated along the

road as it profitable. Further, majority (53 assets) of these are situated in Jamtara.

As seen in table 3.15, 61% of the affected commercial assets belong to titleholders

whereas the 33% are being operated by squatters on the Government ROW. Further,

encroachers operate another 6% of the commercial enterprises.

Table 3.15: District wise Description of Ownership pattern

Legality Of Affected Structures

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s

In %age

In No.s

In %age

Owner 14 73.68 30 56.60 44

Squatter 3 15.79 21 39.62 24

Encroacher 2 10.53 2 3.77 4

Grand Total 19

ASSETS 100.00

53 ASSETS

100.00 72 ASSETS

Source: Resettlement Census Survey, 2010

A. TYPE OF COMMERCIAL ENTERPRISE

The commercial enterprises affected by the project are of various types (See table 3.16).

It is seen that 81% of the affected commercial assets are run as shops selling a variety of

goods like stationery and other general items while 15% are hotels/dhabas. Additionally

one of the affected assets is kiosks/gumti selling paan and confectionaries while one

private clinic is also affected by the project.

Table 3.16: District wise Description of the Type of Affected Commercial Enterprises

Type Of Commercial Enterprise

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s In %age

In No.s In %age

Gumti 1 5.26 - - 1

Hotel/Dhaba 7 36.84 4 7.55 11

Pvt.Clinic - - 1 1.89 1

Shop 10 52.63 48 90.57 58

Workshop 1 5.26 - - 1

Grand Total 19 ASSETS 100.00 53 ASSETS 100.00 72 ASSETS

Source: Resettlement Census Survey, 2010

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B. CONSTRUCTION TYPE

The census survey brought forth that the majority (35%) of the affected assets are of the

semi pucca type, which are usually made of mud and a tin roof while 29% of them are of

the Kutcha type made of mud and hay. However only 21% of them are of the pucca or

RCC type and interestingly the majority of these are in Jamtara as opposed to those in

Dhanbad, which is an commercial centre. Table 3.17 details out the same.

Table 3.17: District wise Description of type of Construction of the Affected Assets

Type Of Construction

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s

In %age

In No.s

In %age

Kutcha 7 36.84 14 26.42 21

NA 1 5.26 10 18.87 11

Pucca 3 15.79 12 22.64 15

Semi Pucca 8 42.11 17 32.08 25

Grand Total 19

ASSETS 100.00 53

ASSETS 100.00 72

ASSETS

Source: Resettlement Census Survey, 2010

C. PORTION OF THE COMMERCIAL ASSET GETTING AFFECTED

68% of the 72 commercial assets would be incur impact on their main structure whereas

6% of the assets would bear impact on the plot or land available in front of the enterprise.

The number of assets bearing an affect on its main structure is also due to the presence

of squatters and encroachers who usually run their commercial enterprises close to the

road. Further, the project would affect more than one portion of 24% of the total affected

commercial enterprises.

Table 3.18: District wise description of the Type of Impact on the Commercial Assets

Portion Getting Affected

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s

In %age

In No.s

In %age

Boundary Wall 2 10.53 - - 2

Main Structure 15 78.95 34 64.15 49

Plot/Land 1 5.26 3 5.66 4

More Than One 1 5.26 16 30.19 17

Grand Total 19

ASSETS 100.00 53

ASSETS 100.00 72 ASSETS

Source: Resettlement Census Survey, 2010

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D. SEVERITY OF IMPACT

The census findings reveal that though 49 assets would bear a direct impact on their main

structure. However not all of them would be rendered non-livable for further use, as a

result of this impact. In other words, the project would severely affect 45 assets thereby

making them unfit for further use and necessitating relocation and rehabilitation options.

Rest of the commercial assets accounting for 27 assets would suffer minor impacts on the

their structure.

Table 3.19: District wise Description of the Severity of Impact

Severity Of Impact

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s

In %age

In No.s

In %age

Livable 1 5.26 26 49.06 27

Non Livable 18 94.74 27 50.94 45

Grand Total 19

ASSETS 100.00 53

ASSETS 100.00 72

ASSETS

Source: Resettlement Census Survey, 2010

E. RELOCATION AND REHABILITATION MEASURES

During census survey, the households incurring impact on commercial enterprises shared

their relocation and rehabilitation preferences. The survey brought forth that 51% of these

affected households would self-relocate themselves as they have sufficient land within the

villages itself where they could rehabilitate by themselves. However, the remaining 49%

HHs opted for project assisted relocation within the villages itself. All of them voiced their

need of being paid adequate and timely compensation.

Table 3.20: District wise Description of Perception on R&R

Relocation Options

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In

No.s In

%age

In No.s In

%age

Project Assisted 5 26.32 17 32.08 22

Self Relocation 13 68.42 10 18.87 23

NA 1 5.26 26 49.06 27

Grand Total 19 HH 100.00 53 HH 100.00 72 HH

Source: Resettlement Census Survey, 2010

F. IMPACT ON EMPLOYEES

The census survey brought forth that the 72 affected commercial enterprises affected by

the project, employed 25 employees. Due to the project, these employee households

would bear a temporary impact on their source of living. Hence, a onetime financial

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assistance to the tune of sixty days of minimum wages as fixed by the government is

provided for them in the RP entitlements.

G. IMPACT ON TENANTS

The resettlement census survey has further identified 24 tenants operating their

commercial enterprise among the 72 affected commercial assets. To minimize the effects

of the project on these tenant households as well as to address the issue of the temporary

income loss, adequate provisions have been incorporated in the RP.

3.5.4 IMPACT ON RESIDENTIAL AND COMMERCIAL ASSETS

Apart from the loss of agriculture land, residential as well as commercial assets, the

project would also affect those assets, which are used as the living quarter of the affected

households as well as small commercial enterprises are operated in the same called

Residential cum Commercial assets. The census has identified 77 such assets belonging

to 77 HHs. As seen in table 3.21, 96% of these assets belong to legal titleholders while

3% of them belong to squatters who usually use the Government ROW for the same. One

of the prime reasons for this is that these households do not have land near the roadside

or elsewhere in the village. Only one percent of those affected comprised of encroachers.

Table 3.21: District wise Description of Ownership Pattern

Legality Of Structure

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s In %age

In No.s In %age

Owner 19 100.00 55 94.83 74

Squatter - - 2 3.45 2

Encroacher - - 1 1.72 1

Grand Total 19

ASSETS 100.00 58

ASSETS 100.00 77

ASSETS

Source: Resettlement Census Survey, 2010

B. TYPE OF COMMERCIAL ASSETS BEING AFFECTED

The census survey revealed that these assets are of various types. The shops selling

basic items like stationery and other household goods accounting for 88% of the total

affected assets. In addition another 9% of the affected assets are run as hotels/dhabas

while one gumti/kiosk as well as one private clinic is affected by the project. Table 3.22

enumerates the type of commercial enterprises run in the subproject section.

Table 3.22: District wise Description of Type of Commercial Assets being Affected

Type Of Commercial

Assets Being Affected

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In %age

In %age

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In No.s In No.s

Gumti 1 5.26 - - 1

Pvt. Clinic - - 1 1.72 1

Shop 14 73.68 54 93.10 68

Hotel/Dhaba 4 21.05 3 5.17 7

Grand Total 19

ASSETS 100.00 58

ASSETS 100.00 77

ASSETS

Source: Resettlement Census Survey, 2010

C. CONSTRUCTION TYPE

During the census survey it was seen that the majority of the residential cum commercial

assets affected by the project comprise of semi pucca structure that are usually made of

mud walls with a tin roof. The survey identified 28 such assets accounting for 36% of the

total affected assets. Further another 30% of the assets are of the pucca type while only

21% are the Kutcha types made of mud and hay.

Table 3.23: District wise Description of the Construction Type of Affected R&C Structures

Type Of Construction

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s

In %age

In No.s In %age

Kutcha 3 15.79 13 22.41 16

Pucca 3 15.79 20 34.48 23

Semi Pucca 10 52.63 18 31.03 28

NA 3 15.79 7 12.07 10

Grand Total 19

ASSETS 100.00 58

ASSETS 100.00 77

ASSETS

Source: Resettlement Census Survey, 2010

D. PORTION OF THE R&C ASSET AFFECTED

During the survey, it was found that majority of the residential cum commercial assets

affected by the project would bear an impact on the main structure of the asset (See

Table 3.24). This is largely due to the close proximity of the same to the existing road with

very little land/plot in front of the structure. The project would affect the main structure of

83% of the total affected assets. However, 13% of the affected residential cum

commercial assets would bear an impact on the plot/land available in front of the asset

thereby not affecting the main structure directly.

Table 3.24: District wise Description of Portion getting Affected

Portion Getting Affected

Districtwise Number of Affected Plots

Dhanbad Jamtara

Grand Total

In No.s In %age

In No.s

In %age

Boundary Wall - - 1 1.72 1

Main Structure 16 84.21 48 82.76 64

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Plot/Land 3 15.79 7 12.07 10

More Than One - - 2 3.45 2

Grand Total 19

ASSETS 100.00 58

ASSETS 100.00 77

ASSETS

Source: Resettlement Census Survey, 2010

E. SEVERITY OF IMPACT

Though the census has identified 64 residential cum commercial assets incurring an

impact on the main structure, it is important to note that not all of them would be

severely affected so as to be rendered non livable. It is seen that 22 assets would be

severely impacted by the project and hence warrant relocation and rehabilitation

options for the same. However rest of the affected assets, i.e. 55 of them would bear a

minor impact on the same. This is enumerated in Table 3.25:

Table 3.25: District wise Description of the Severity of Impact

Severity Of Impact

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s

In %age

In No.s

In %age

Livable 13 68.42 42 72.41 55

Non Livable 6 31.58 16 27.59 22

Grand Total 19

ASSETS 100.00 58

ASSETS 100.00 77

ASSETS

Source: Resettlement Census Survey, 2010

H. RELOCATION AND REHABILITATION MEASURES

The census survey has brought forth the various relocation and rehabilitation options

preferred by the affected households especially of the 22 households whose residential

cum commercial assets would be severely impacted by the project. It is seen that 50% of

these affected households (22 HH) would prefer to relocate their assets within the village

by themselves and not project assistance for the same. On the other hand, rest 50% of

them sought project assistance for relocating and rehabilitating their assets. The

interactions with these affected households reveal that they feel it is the moral

responsibility of the government to provide for them. Further, all of them stressed on the

payment of fair, adequate and timely compensation for the loss of their assets.

Table 3.26: District wise description of Perception of R&R

Relocation Options

Districtwise Number of Affected Plots

Dhanbad Jamtara Grand Total

In No.s

In %age

In No.s In %age

NA 13 68.42 42 72.41 55

Prject Assisted 5 26.32 6 10.34 11

Self Relocation 1 5.26 10 17.24 11

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Grand Total 19 HH 100.00 58 HH 100.00 77 HH

Source: Resettlement Census Survey, 2010

F. IMPACT ON EMPLOYEES

The census survey has identified 7 employees in the total 77 affected residential cum commercial assets who would experience temporary disruption of livelihood. To address the same, provisions have been made in the RP in terms of provision for providing two months minimum wages as fixed by the government.

G. IMPACT ON TENANTS

Of the 77 affected residential cum commercial assets affected by the project, the census revealed the presence of 15 tenants in these. Hence, special provisions have been incorporated in the RP to minimize the adverse effects of the project on these households in terms of provision three month rentals. 3.6 AWARENESS AND PERCEPTION The census survey brought forth that 41% of the 925 affected households were aware

about the project largely through technical surveys being undertaken along the alignment

as well as information disseminated by Government officers.

Despite this 24% of the affected households were not aware about the project at all. It

was only during the resettlement census survey they got to know about the proposed

project.

17% of the affected households regarded the project as relevant and necessary for them

as well as the community as a whole. They expressed their approval of the project as it

would initiate the process of development for the villages and enhance connectivity to

essential services (medical, education etc), the major districts as well as commercial

centers.

On the other hand, 43% of the affected households did not favour the project largely on

account of the losses incurred by them in terms of their assets as well as sources of

livelihood. Additionally, though improved roads would mean better transport facility it also

meant increased frequency of road/motor accidents as well as threat to the children

playing near the road. Hence, considering all these factors, these households object to

the project.

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CHAPTER 4:

IMPACT ON INDIGENOUS PEOPLE IN THE PROJECT AREA

4.1. Scheduled Tribes in Jharkhand

The Scheduled Tribe (ST) population in Jharkhand as per 2001 census constitutes of

7,087,068 thereby constituting 26.3 per cent of the total population. Among all States

and UTs, Jharkhand holds 6th and 10th ranks in terms of the ST population and the

percentage share of the ST population to the total population of the State respectively.

The growth of the ST population has been 17.3 per cent, which is lower by 6 per cent

if compared with the growth of the State‟s total population (23.3 per cent) during 1991-

2001. The state has a total of thirty (30) Scheduled Tribes and all of them have been

enumerated at 2001 census. The Scheduled Tribes are primarily rural as 91.7 per

cent of them reside in villages.

Amongst the two districts through which Package I road section traverses, it can be

seen that the ST‟s constitute 32% of the total population in Jamtara while only 8% in

Dhanbad.

Table 4.1: District wise ST population

Districts Total Population ST Population (in numbers)

ST Population (in Percentage)

1991 2001 1991 2001 1991 2001

Dhanbad 1791645 2195226 146509 173412 8.18 7.90

Jamtara 544874 653081 178199 206664 32.70 31.64

Source: Census Report, 2001

The subproject road package runs through two districts – Dhanbad and Jamtara that

form an integral part of the region known as the “Santhal pargana” in the state with

the Santhals being the major tribal group in the project area. It is interesting to note

that out of thirty (30) Scheduled Tribes (STs) notified for the State of Jharkhand,

Santhal is the most populous tribe having a population of 2,410,509, constituting 34

per cent of the total ST population of the State. Oraon, Munda and Ho are the next

largest tribes constituting 19.6, 14.8 and 10.5 per cent respectively of the total ST

population of the State.

4.2. Key impacts of the Project on ST Households

Taking into account the presence of STs in the area, detailed interactions and surveys

were undertaken with the ST households at the time of the initial poverty and social

assessment stage and then later at time of the census survey so as to:

a) study the current socio-economic and cultural status and practices of the ST

groups in the area; and

b) Ascertain the impact of the Project on their socio-economic status and culture.

ADB State Road Project in Jharkhand

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Attempts were made to study the differential patterns as well as impacts of the Project

on tribal and non-tribal communities living in the vicinity of the road section. The social

assessment carried out during Project preparation was considered largely beneficial

and positive. The socio-economic and occupational/income data collected and

analysed and the discussions undertaken with the IP groups clearly brought forth that

the STs/indigenous households have similar characteristics to the overall population

and are largely assimilated into the local mainstream communities. This can be

largely attributed to the fact that the road to be improved under the Project has been

in existence for past few decades with the ST as well as non-ST households being

exposed to the outside world and scenario.

Despite the significant proportion of STs in the region and amongst the affected

households, the analysis of impacts and losses did not bring forth any “significant” risk

and impact on the socio-economic and cultural lives and patterns of the ST

households. The Project will also not have any adverse differential impact on their

socio-cultural aspects.

As voiced by the ST households during community consultations and as derived from

the census survey, the only adverse impact of the Project on the tribals would be in

terms of involuntary resettlement impacts. In majority of the cases, this impact would

be on unirrigated agriculture land (ranging from mostly 1-5 % of total land holding)

and in some cases on structures. However, with the mitigation measures provided for

in the Entitlement Matrix in the RP there will be little impact on their socio-economic

activities.

The Indigenous People Screening checklist below summarises the impact of the

Project on the tribal population in the area:

Table 4.2: Impact of the Project on Indigenous People and groups along Package –

II: Jamtara- Dumka

Impact on tribal peoples Yes No Remarks or identified

problems, if any

Are there tribal groups present

in project locations?

Presence of Santhal population was noted along

the sub project road section from Dhanbad-

Jamtara.

Do they maintain distinctive

customs or economic activities

that may make them vulnerable

to hardship?

Like the other population group in the area

comprising of OBC, SC and general caste groups,

the tribal too are engaged in subsistence

agriculture. However, due to the lack of irrigation

sources in the area, majority of the tribal as well

as non-tribal groups are engaged in more than

one activity namely agriculture, wage labour and

in some cases small businesses for fulfillment of

their livelihood needs.

Hence, as such no distinctive custom or economic

activity is being undertaken by ST households in

the area.

ADB State Road Project in Jharkhand

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Will the sub-project restrict

their economic and social

activity and make them

particularly vulnerable in the

context of project?

As voiced by the ST households during

community consultations and as derived from the

census survey, the only adverse impact of the

Project on the tribals would be in terms of

involuntary resettlement impacts.

In majority of the cases, this impact would be on

unirrigated agriculture land (ranging from mostly 1-

5 % of total land holding) and in some cases on

structures. However, with the mitigation measures

provided for in the Entitlement Matrix in the RP.

There will be little impact on their socio-economic

activities.

Will the sub-project change

their socioeconomic and

cultural integrity? 11F

12

As mentioned in previous sections, no differences

(except for a few festivals) were noticed between

the ST and non-ST households in the area. The

ST households are largely assimilated with the

mainstream population. Hence the subproject will

not have any impact on their socio-economic and

cultural integrity patterns.

Also it is pertinent to note that the road to be

improved under the Project is not a new road and

has been in existence for last few decades.

Hence, the area and population is frequently

exposed to outside culture and population.

Will the sub-project disrupt

their community life?

Will the sub-project positively

affect their health, education,

livelihood, or social security

status?

IP households were positive about the subproject

and regard it as beneficial and positive for their

own development. One of the key benefits of the

project will be in terms of improved access to

employment, income, health, education facilities

and better transportation12F

13.

Will the sub-project negatively

affect their health, education,

livelihood, or social security

status?

No negative impacts of this nature have surfaced

during the detailed assessments and while

interacting with the community

12

That is, undermine their production systems and the maintenance and transmission of their cultural patterns.

13 The details of the interactions with IP groups and the Project impacts and benefits on them are

discussed and detailed in Chapter 7 on IPSA Report.

ADB State Road Project in Jharkhand

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Will the sub-project alter or

undermine the recognition of

their knowledge, preclude

customary behaviors, or

undermine customary

institutions?

The detailed assessments undertaken at the time

of IPSA and census survey did not bring forth any

such risks.

In case there is no disruption

of tribal community life as a

whole, will there be loss of

housing, loss of land, crops,

trees, and other fixed assets

owned or controlled by

individual tribal households?

The only adverse impact of the Project on the

tribals would be in terms of involuntary

resettlement impacts. A total of 114 ST

households will be affected by the Project.

In majority of the cases, this impact would be on

unirrigated agriculture land (ranging from mostly 1-

5 % of their total land holding) and in some cases

on structures. The detailed analysis of the IR

impact on ST households is done in Section 4.3

below.

Adequate provisions have been incorporated into

the Entitlement Matrix (in the RP) to mitigate and

compensate for the same.

It would also be also worthwhile to note that the IP households were positive about

the subproject and did not feel that they will encounter any adverse socio-cultural or

economic impacts as a result of the Project. The Project however, is being seen as

beneficial and positive by them too for their own development. They voiced that the

project will benefit them socially and economically by improving access to

employment, income, socio-economic facilities and better transportation13F

14.

The improved road network is expected to augment access to socio-economic

facilities of tribal groups along with other sections of subproject population. The

subproject construction will not have any adverse consequences on the socio-

economic condition and would also not lead to any disruption in their community life or

culture of these communities.

The only adverse impact of the Project on the tribal households will be that of

involuntary resettlement resulting from road improvement activities. Specific mitigation

measures and provisions have been integrated into the Entitlement Matrix to ensure

that the impacts on tribal people are identified and addressed so as to ensure better

distribution of the Project benefits and promote development of the indigenous people

in the Project areas.

The following section presents the analysis of the data pertaining to the affected ST

households as identified in the census.

14

The details of the interactions with IP groups and the Project impacts and benefits on them are discussed and detailed in Chapter 7 on IPSA Report.

ADB State Road Project in Jharkhand

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4.3. Involuntary Resettlement Impact on ST Households

4.3.1 Number & Distribution of affected ST Households

Of the 925 affected households identified during the census, 114 households belong

to ST‟s accounting for 12% of the total affected households in the subproject section.

Further, of the 114 ST households, 28% of them comprised of those who fulfilled

multiple vulnerability category as they fall under various categories of vulnerability.

This included those families living below poverty line, headed by women or elderly,

having one or more members who are physically or mentally challenged etc.

As seen in Table 4.3, in terms of presence, the majority of the ST households i.e. 52%

reside in Jamtara and the rest 48% in Dhanbad. Dhanbad is one of the most

industrialised districts of the State and perhaps this is one of the prime reasons for

such low concentration of IP‟s in the district. Moreover, majority (52%) 14F

15 of the tribals

in the State are classified as cultivators in the worker‟s category.

Table 4.3: Districtwise distribution of Affected ST households

Status Name of the District Grand

Total Dhanbad Jamtara

Multiple Vulnerability 31 1 32

ST 24 58 82

Grand Total 55 HH 59 HH 114 HH

Source: Resettlement Census Survey, 2010

4.3.2. Household Size

In the census survey, the urban trends of adopting a nuclear family system as against

the traditional system of joint family system are clearly visible in the subproject

section. This is substantiated in the findings of the census that reveal that 49% (56

HH) of the affected ST households comprise of nuclear family structure.

Additionally, 29% (33 HH) of the total affected ST households (114 HH) live in the

extended family system wherein more than 16 members of a family reside together.

More than half of these households resides in Jamtara while the rest in Dhanbad.

Only 22% of the affected ST households were seen to be living in the joint family

system in which 10-15 members reside together with a common kitchen.

Table 4.4: Districtwise Family size of Affected ST households

Family Type Name of the District Grand Total

Dhanbad Jamtara

Extended 11 22 33

Joint 15 10 25

15

Census Report, 2001

ADB State Road Project in Jharkhand

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Nuclear 29 27 56

Grand Total 55 HH 59 HH 114 HH

Source: Resettlement Census Survey, 2010

4.3.3. Education Level of the ST Respondents

The census brought forth that the educational level of the respondents among the

affected ST households was not very high. Majority (58 HH) of the respondents were

found to be illiterate and this was higher among the respondents from Jamtara. In

addition, 3 respondents of the total respondents (114 HHs) were found with functional

literacy implying that they could read and write their names as well as do basic

mathematical calculations.

Only 16% of the respondents in the subproject section have completed their primary

level of formal education while only 19% their middle school. The census identified

only 3 respondents who have studied up to the higher secondary level and just 2

graduates. There were no postgraduates in the entire subproject sections indicating

lower levels of attainments for higher levels of education.

Table 4.5: Education Level of ST Asset Owners

Level of Education Name of the District Grand

Total Dhanbad Jamtara

Functional literacy 1 2 3

Graduate 1 1 2

Higher secondary 1 2 3

Illiterate 27 31 58

Middle 9 13 22

Primary 8 10 18

Secondary 8 - 8

Grand Total 55 HH 59 HH 114 HH

Source: Resettlement Census Survey, 2010

4.3.4. Sources of Income of ST households

Though bestowed with rich mineral resources, 80% of the population of the project

state is directly or indirectly dependent on agriculture for their livelihood. And the

findings from the census survey testify to the same with 15% of the affected ST

households depending solely on agriculture for their livelihood.

However, due to erratic monsoon, low levels of farm mechanization as well as

irrigation facilities and small landholdings many households depend on more than one

economic source for earning their livelihood. The findings of the census survey too

reflect the same where we see that 82% of the affected ST household depend upon

multiple sources for earning a living. These are usually from diverse economic

activities like agriculture as well as non-agriculture labour, selling forest goods like

mahua, tendu leaves and fuel wood, dairy among others.

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Table 4.6: District wise Sources of Income of Affected ST households

Sources of Income Name of the District Grand Total

Dhanbad Jamtara

Agriculture 11 6 17

Multiple Source 41 53 94

Non agriculture labour 2 2

Trade/business 1 1

Grand Total 55 HH 59 HH 114 HH

Source: Resettlement Census Survey, 2010

4.3.5. Types of Project Losses

The resettlement census survey in the subproject section has brought forth that

majority i.e. 54% of the affected ST households would incur an impact on their

agricultural land. Maximum numbers of these HH are in Jamtara as indicated in table

4.7.

Further, 32% of the total affected ST HH (114 HH), would bear an impact on their

residential assets only. In addition, there would be an impact on 5 residential cum

commercial assets which are assets used as residential quarters as well as some

commercial enterprise is operated in the same. Only 2 commercial assets belonging

to ST HH would be affected by the project which is in Jamtara. There are no losses of

commercial assets belonging to ST in Dhanbad.

Table 4.7 enumerates the various types of losses incurred by the 114 ST households.

Table 4.7: District wise type of Losses incurred by Affected ST HHs

Type Of Loss Name of the District Grand Total

Dhanbad Jamtara

Agriculture 26 36 62

Commercial - 2 2

Residential Cum Commercial 2 3 5

Residential 18 18 36

More than one 9 - 9

Grand Total 55 HH 59 HH 114 HH

Source: Resettlement Census Survey, 2010

4.3.6. Anticipated Project Impacts

The total ST households in the subproject section account for 12% (114 HH) of the

925 affected households. The census survey brought forth the perception of the ST

HHs on project in terms of its relevance and necessity in their lives as well as for the

community as a whole. Table 4.8 details the perceptions of the ST households

regarding the same.

As seen in the table (table 4.8), 57% of the total affected ST households opined that

the project is required for the development of the community as a whole, even though;

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it meant loss of their assets. They reasoned that better roads would mean frequent

and regular transport services connecting them to main districts. Further, it would also

facilitate easy and quicker ways to access better services like education, medical,

government offices etc.

However, 40% of the ST HH objected to the project largely on account of the losses

incurred by them. For many it meant a loss of livelihood, homes as well as loss of

family legacy which, according to many was a high price to pay for the project.

Additionally they did not favour the conversion of the existing road to state highways

as that would mean heavy traffic movement thereby posing a threat to the safety of

their children as well as domestic animals that may stray onto the roads.

Table 4.8: District wise Project Necessity as per Affected ST HHs

Project Necessity Name of the District Grand

Total Dhanbad Jamtara

Can’t say for sure - 1 1

No- don't need 11 35 46

No response - 2 2

Yes - will benefit local people 44 21 65

Grand Total 55 HH 59 HH 114 HH

Source: Resettlement Census Survey, 2010

4.4. Mitigation Measures for the ST Households

In order to mitigate the above impacts incurred being incurred by the ST households,

these households will be entitled to the following compensation and assistance

measures under this RP:

Compensation of land at Replacement cost

Replacement value of the affected residential and commercial structure, which

will be calculated as per the latest prevailing basic schedule of rates (BSR) without

depreciation.

ST Households shall be allowed to take salvaged material from the affected

structures

Transfer grant: A lump sum transfer grant at the rate of Rs.5,000 for shifting

households assets and other belonging to new area/location. The cost has been

worked out taking into account the average transport costs incurred in such

transfers.

Rental accommodation: Project-affected families will further require assistance in

case they are unable to build their shops/residences after the project has taken

possession of their property or after demolishing their structures. To meet the transit

accommodation, a rental assistance in the form of a grant of Rs.10,000/family to

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cover three month rental accommodation has been considered. This rental

assistance is as per the prevalent rentals in the area.

Transitional Allowance: Title holders & non-titleholders incurring impact on their

primary income due to displacement will be assisted with allowance to for loss of

their income during the transitional period. This allowance would be in form of

providing Minimum agriculture wage (MAW) for a certain number of days taking into

account the extent and nature of lose:

o In case of Titleholders losing income through agriculture,

Transitional allowance equivalent 250 days of Minimum Agricultural

Wage15F

16 (MAW) in the state at the time of Section 4 notification under

LA Act in cases where the loss of land is less than 10% of the total

land holding or equivalent to 500 MAW in case where the loss of land

is more than 10% of the total land holding.

o In case of Titleholders losing income through business, Monthly

subsistence allowance equivalent to twenty-five days minimum

agricultural wages16F

17 per month for a period of one year from date of

displacement

o In case of squatters and vulnerable encroachers losing primary

source of income, One-time financial assistance for transitional

income support equivalent to one time payment of 60 days (2 months)

of minimum wages17F

18 as fixed by the govt.

o In case of wage earning employees, indirectly affected due to

displacement of commercial structure, one time payment of 60 days (2

months) of minimum wages18F

19 as fixed by the govt.

Additional assistance for ST households: Vulnerable19F

20 affected households will

be given additional assistance of Rs.10,000 as lump sum.

16 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 17 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 18 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 19 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 20 The groups of population are considered socially „vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.

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CHAPTER 5:

RESETTLEMENT POLICY FRAMEWORK AND ENTITLEMENT MATRIX

5.1 Introduction The objective of this chapter is to discuss the key national, state and project-specific

resettlement policies and legal issues involved in land acquisition and compensation.

This chapter describes the principles and approach to be followed in minimizing and

mitigating negative social and economic impacts by the projects. The guidelines are

prepared for addressing the issues of resettlement and rehabilitation of the APs under the

Jharkhand Road Sector Development Project.

The Resettlement Plan has been developed based on Asian Development Bank‟s Policy

on Involuntary Resettlement (1995), Operations Manual F2 on Involuntary Resettlement

(2003), the Land Acquisition Act – 1894, National R&R Policy (Govt of India, 2007), JH

R&R Norms – 2009 and Bihar R&R Policy - 2007. The resettlement principles of the

project comply with the social safeguard requirements of the Asian Development Bank

(ADB).

5.2 Policy Framework – Review of Resettlement Policies and Legal Framework

In India, compensation for land acquisition (LA) and resettlement assistance for project-

affected people is generally governed by the Land Acquisition Act (1894), which has been

amended from time to time. The Act has no provision for assistance for project-affected

persons particularly those without titles or ownership records such as encroachers. A

National Policy on R&R (NPRR) 2003 was adopted by the Government of India (GOI) to

address the issues not addressed in the LA Act and also to cover development-induced

resettlement. This policy has been recently revised in the form of NPRR 2007, which is

applicable to all developmental projects where 400 or more families‟ en masse in plain

areas or 200 or more families‟ en masse in tribal or hilly areas are displaced due to project

activity. The policy aims to minimize displacement and promote, as far as possible, non-

displacing or least displacing alternatives. The policy also aims to ensure adequate

rehabilitation package and expeditious implementation of the rehabilitation process with

the active participation of those affected. The policy also recognizes the need for

protecting the weaker sections of the society especially members of the Scheduled

Castes and Scheduled Tribes.

While the key entitlements in the New National Policy - 2007 are largely similar to the

previous NPRR, some key additions have been made in the revised policy namely:

Preference to affected families in employment in the project, subject to availability of

vacancies & suitability of skills, Trainings of affected persons so as to enable them to

take up suitable jobs, scholarships & other skill development opportunities; preference

to affected persons in labour work during construction

preference to the affected persons or their groups or cooperatives in the allotment of

outsourced contracts, shops or other economic opportunities coming up in or around

the project site;

ADB State Road Project in Jharkhand

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The project authorities shall, at their cost, arrange for annuity policies that will pay a

pension for life to the vulnerable affected persons as, of such amount as may be

prescribed by the appropriate Govt subject to a minimum of five hundred rupees per

month.

The affected families who have not been provided agricultural land or employment shall be given the option, if the requiring body is a company of taking up to twenty per cent of their rehabilitation grant amount in the form of shares or debentures of the requiring body.

The policy also recognizes non-titleholders such as any agricultural or non-agricultural

labourer, landless person (not having homestead land, agricultural land, or either

homestead or agricultural land), rural artisan, small trader or self-employed person; who

has been residing or engaged in any trade, business, occupation or vocation continuously

for a period of not less than three years as affected families. The policy further makes

provisions for public disclosures of draft R&R Plans to the community, Grievance redress

procedures and Monitoring & Evaluation systems.

In addition to the new NPRR, at the state level as well, there exists a draft Jharkhand

State Resettlement & Rehabilitation (R&R) Policy, 2007 currently pending approval and

adoption. While this policy only applies to all industrial projects, envisaging a capital

investment of Rs. 100 crore or more, and entailing acquisition of private land under Land

Acquisition Act, 1894 or under any other laws for the time being in force, the policy

principles and measures are progressive in nature. Chapter VII & VIII of the draft policy

lay down R&R entitlements for those affected. Apart from the provision of compensation

for land at the prevalent market rate, the draft policy also provides for R&R provisions with

stress on resettlement and livelihood restoration of the households affected. Different

types of provisions have been laid down based on extent and nature of loss. In addition,

non-titleholders such as landless & homestead encroachers, who have been in

possession of that for a period of at least 10 years, are also provided equal compensation

for similar land/structure on encroached land.

5.3 ADB Policy on Involuntary Resettlement

The Asian Development Bank‟s (ADB) policies and operations manuals, in particular the

policy on Involuntary Resettlement (1995), and Operations Manual F2 on Involuntary

Resettlement (2003) recognize and address the R&R impacts of all the affected persons

irrespective of their titles and requires for the preparation of RP in every instance where

involuntary resettlement occurs. These ADB policies are the guiding policies to identify

impacts and to plan measures to mitigate various losses of the subproject.

ADB policy guidelines are summarized below:

Involuntary resettlement (IR) should be avoided or reduced as much as possible by reviewing alternatives to the Project;

Where IR is unavoidable, AP should be assisted to re-establish themselves and

improve their quality of life;

Gender equality and equity should be ensured and adhered to;

ADB State Road Project in Jharkhand

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AP should be fully involved in the selection of relocation sites, livelihood compensation and development options at the earliest opportunity. RPs should also be prepared in full consultation with AP, including disclosure of RP and project related information;

Replacement land should be an option for compensation in the case of loss of

land; in the absence of replacement land, cash-for-land compensation should be an option available each AP;

Compensation for loss of land, structures, other assets and income should be

based on full replacement cost and should be paid promptly. This should include transaction costs;

All compensation payments and related activities should be completed prior to

the commencement of civil works;

RP should be planned and implemented with full participation of local authorities;

In the event of necessary relocation, APs should be assisted to integrate into

host communities; Common property resources and community/public services should be provided

to AP; Resettlement should be planned as a development activity for the AP; AP who do not have documented title to land should receive fair and just

treatment; Vulnerable groups (households below the recognised poverty line; disabled,

elderly persons or female-headed households) should be identified and given appropriate assistance to substantially improve their living standards.

5.4 Similarities and differences between the National Policy and the ADB Policy

The key area of similarities and differences between the NPRR and the ADB policy are enumerated in Table 5.1.

Table 5.1: Comparative Matrix of ADB Policy and India LA Act (1894) and NPRR

(2007)

ADB IR Policy Indian LA

Act (1894)

NPRR (2007) Gaps Gap Mitigations through

Resettlement Plan and

Entitlement Matrix

(i) Avoid

involuntary

resettlement

No provision

in the LA Act

Chapter II, Clause

2.1(a) states the

objectives of the NRRP

is to minimize the

displacement and to

promote, as far as

No gaps

between ADB

and NPRR

policy

requirements

N/A

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possible, non displacing

or least displacing

alternatives.

(ii) Minimize

involuntary

resettlement

LA Act does

not include

any provision

for minimizing

impact

The broad aim of the

Policy as given in the

Preamble (1.4) is to

minimize large scale

displacement as far as

possible

Policy focus

more on

Displacement

and not explicit

on IR

minimization

RP requires to

minimize impacts

thru alternative

design /choices of

subprojects

(iii) Mitigate

adverse social

impacts thru

appropriate

land,

compensation,

housing,

infrastructure

amenities so

that APs social

and economic

conditions as

favorable with

the project as

without it.

Provision for

cash

compensation

only for

acquisition of

land and

other assets

NPRR aims to restore

and improve livelihoods

of persons with

housing, agricultural

land, employment and

providing necessary

training facilities for

development of

entrepreneurship,

technical and

professional skills for

self employment.

There are provisions of

providing

comprehensive

infrastructural amenities

and facilities to the

resettlers.

NPRR Policies

are similar with

ADB and aims

at improving

the standards

of the affected

people.

RP contains similar

objectives with

regard to

assistance and

compensation,

including

provisions for

replacement value

for acquired assets

(iv) Identify,

assess and

address the

potential social

and economic

effects of a

project.

Resettlement

should be

conceived and

executed as a

development

program

Identification

of APs limited

to titleholders

of acquired

assets. A full

assessment

of social and

economic

impacts is not

required.

Chapter VI spells out

the ways and means to

identify and assess at

an early stage of the

project cycle the

potential IR impacts

through a baseline

survey and census. And

it also looks into the

direct and indirect

effects due to the

project like loss of

livelihood of agricultural

laborers, rural artisans,

etc. through Social

Impact Assessment

The policy

objectives are

similar.

Compensation

and

resettlement

assistance are

aimed to re-

establish and

improve

livelihoods

those affected.

RP prepared

based on

identification of

APs, both

titleholders and

non-titleholders.

The entitlement

matrix has

provision to assist

APs restore their

livelihoods in post

resettlement

period.

(v) Affected

people should

be fully

informed and

LA Act has

provision to

notify

acquisition

NPRR has provisions

for consultation with

affected

persons/communities

Very close to

ADB

requirements

RP is based on

consultation with

communities and

also has specific

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closely

consulted on

resettlement

and

compensation

options.

Disclose RPs

to the affected

people.

decisions

only. No

requirement

for

consultation.

prior to drafting the RP.

R&R Administrator is

required to hold

consultations; also,

provision to set up a

Grievance Redressal

Mechanism called R &

R Committee.

provisions for

further

consultation,

disclosure and

involvement of the

APs during RP

implementation.

(vi) Support

existing social

and cultural

institutions so

that APs are

integrated

socially and

economically

with the host

communities

N/A No specific mention of

support to socio-cultural

organization of the

resettlers.

Gaps with

ADB Policy

-

(vii) Absence

of formal title

is no bar to

compensation

and

resettlement

benefits

;;special

attention to

vulnerable

groups

Non-titled

persons are

ineligible for

any

compensation

NPRR has provisions

(Chapter IV) to consider

all impacts with

particular attention to

any impacts on the poor

and vulnerable affected

persons.

So specific

clause with

regard to

benefits of

non-titled

holders.

Resettlement Plan

has inclusive policy

and clearly states

the same in the

Entitlement matrix.

(viii) Full costs

of resettlement

included in the

project costs

N/A NPRR (Chapter VI,

clause 6.14.2) spells

out the components of

the RP. It also includes

the budgets and full

costs (clause 6.16 and

6.17).

No difference RP includes a

detailed full budget

and cost for

resettlement

(ix)

Restoration of

income in

post-

resettlement

period

No provision

in the LA Act

NPRR (Clause 7.22 of

Chapter VII) talks of the

amenities and

infrastructural facilities

to be provided at

resettlement areas.

No specific

statement

concerning

restoration of

livelihood

Entitlement Matrix

makes appropriate

provisions in this

regard.

(x) Supervision

and Monitoring

to be carried

No provision

in the LA Act

NPRR (Chapter IX)

clearly lays down the

setting of a National

Monitoring

groups are

mainly local

RP lays down

provisions for both

internal and

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5.5 Resettlement Policy & Principles for the Project

Following the National R&R Policy – 2007, JH R&R Norms – 2009, Bihar R&R Policy - 2007 and various land laws on land acquisition, incorporating ADB Policy on Involuntary Resettlement (1995) and Operations Manual F2 on Involuntary Resettlement (2006), the basic principles for the Project will include the following elements:

a) As a matter of policy, land acquisition, and other involuntary resettlement impacts

would be minimized as much as possible;

b) Any land acquisition and/or resettlement will be carried out and compensation

provided in order to improve or at least restore the pre-Project income and living

standards of the affected people;

c) All information related to resettlement preparation and implementation will be

disclosed to all concerned, and people‟s participation will be ensured in planning

and implementation of the project;

d) All land acquisition would be as per the Land Acquisition Act, 1894 which provides

for compensation for properties to be acquired. The persons affected by the

project who do not own land or other properties, but who have economic interest

or lose their livelihoods will be assisted as per the broad principles brought out in

this policy.

e) Payment of compensation for acquired assets at replacement cost20F

21;

f) Payment of compensation for lost land, housing, assets and resettlement

allowances in full prior to the contractor taking physical acquisition of the land and

prior to the commencement of any construction activities;

g) All compensation and other assistances21F

22 will be paid to all APs prior to

commencement of civil works on the site acquired.

21 In this Project, the replacement cost of land will be derived based on the Jharkhand R&R Norms – 2009. As per this policy, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60% solatium shall be paid. 22 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be

out throughput

the project

period by

persons with

expertise in

resettlement

Monitoring Committee,

National Monitoring

Cell, Internal Oversight

Committee, External

Oversight Committee,

its composition and

responsibilities.

However there is no

clear view on the

procedure or regularity

of monitoring.

officials – not

specialists;

also no

procedures for

regular

monitoring

external monitoring

by specialists.

ADB State Road Project in Jharkhand

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h) Broad entitlement framework of different categories of project-affected people has

been assessed and is given in the Entitlement Matrix. Provisions will be kept in

the budget for those who were not present at the time of the survey. However,

anyone moving into the subproject area after the cut-off date will not be entitled to

assistance.

i) Income restoration and rehabilitation; and

j) All activities related to resettlement planning, implementation, and monitoring

would ensure involvement of women. Efforts will also be made to ensure that

vulnerable groups are included.

k) Appropriate grievances redress mechanism to ensure speedy resolution of

disputes.

The above principles and resettlement procedural guidelines shall apply to this subproject/Package road under the loan in compliance with the national/state and ADB policies so as to ensure that persons affected by land acquisition and/or involuntary resettlement will be eligible for appropriate compensation and rehabilitation assistance. 5.6 Entitlement Matrix

In accordance with the resettlement and rehabilitation (R&R) policy for the Project, all

affected households will be entitled to a combination of compensation measures and

resettlement assistance, depending on the nature of ownership rights of lost assets and

scope of the impact, including social and economic vulnerability of the affected persons.

In general terms, the affected persons in the project will be entitled to five types of

compensation and assistance:

(i) compensation for loss of land, trees at replacement value;

(ii) compensation for structures (residential/commercial) and other immovable assets at replacement value;

(iii) assistance for loss of business/wage income;

(iv) assistance for shifting;

(v) rebuilding and/or restoration of community resources/facilities and

(vi) special additional assistance for vulnerable 22F

23 households

The ADB Policy requires compensation for the lost assets at the current replacement value to both titled and non-title holders23F

24 and resettlement assistance for lost income and

livelihoods. In this subproject, the absence of formal titles will not constitute a bar to resettlement assistance and rehabilitation. Based on the inventory of losses, an Entitlement Matrix has been developed, which recognizes and lists various types of losses resulting out of the subproject. The matrix provides the basic tools and guidelines for preparation of compensation and resettlement benefits.

completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access. 23 The groups of population are considered socially „vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 24 However, no assistance will be paid to encroachers, who are not socio-economically vulnerable and do not fall in the vulnerable category as defined under the RP.

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As per the Entitlement Matrix (Table 5.2), the affected people will receive compensation for land and other assets at the replacement value, in accordance with ADB‟s Policy on Involuntary Resettlement and Operational Manual Section F2/BP and F2/OP as well as assistance for shifting and income restoration, and additional assistance to vulnerable groups to help the subproject affected persons to restore their lives and livelihoods in the post-resettlement phase. In case of loss of frontage/structure, the affected households will be allowed to take the salvageable at no extra costs. The entitlements have been decided in consultation with the community and the various stakeholders. The shifting allowance has been fixed in consultation with the communities and local prevalent rates.

Table 5.2: Entitlement Matrix

Type of Loss Identification of Affected

Households

Entitlement Details

A: LOSS OF LAND

1. Loss of

agricultural land

Owner/Titleholder/

traditional land

rights24F

25 of the

affected plot

Compensation at

Replacement cost

a). Replacement land as per the law or cash compensation at replacement cost as determined according to the formula proposed in Jharkhand Resettlement & Rehabilitation norms for ADB project - 200925F

26;

b). APs with traditional title/occupancy rights will also be eligible for full compensation for land, plus the difference or additional grant. c) If the residual plot(s) is (are) not viable, i.e., the AP becomes a marginal farmer, any of the following three options are to be given to the AP, subject to his/her acceptance:

The AP remains on the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired.

Compensation and assistance are to be provided for the entire plot including residual part, if the owner of such land wishes that his/her residual plot should also be acquired by the EA, EA will acquire the residual plot and pay the compensation for

25 Traditional land rights refers to households with customary rights to land and shall be treated equivalent to titleholders 26 As per the Jharkhand R&R Norms for ADB Project – 2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60% solatium shall be paid.

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it. d) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

2. Loss of

homestead land

(residential and

commercial land)

Owner/Titleholder/

traditional land

rights26F

27 of the

affected plot

Compensation at

replacement cost

a). Replacement of land or cash

compensation at replacement cost

as determined according to the

formula proposed in Jharkhand

Resettlement & Rehabilitation

Norms for ADB Project (JRRP) -

200927F

28;

b) All fees, stamp duties, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and rehabilitation process, are to be borne by the EA.

B: LOSS OF RESIDENTIAL, COMMERCIAL & OTHER STRUCTURES

3. Loss of structure

(residential and

commercial

structures)

Titleholder of

affected structure

Compensation at Replacement cost

Transfer grant

Rental assistance

a) AP will be provided replacement value of the residential structure, which will be calculated as per the latest prevailing basic schedule of rates (BSR) without depreciation. b) Affected person shall be allowed

to take salvaged material from the

demolished structure at no costs.

c). A lump sum transfer grant of an

amount of Rs 10,000 per household

for shifting households‟ assets and

other belonging to the new area.

d). Rental assistance as per the

prevalent rate in the form of grant of

Rs. 10,000 to cover maximum three

month rental accommodation

Tenants Rental Assistance

Transfer grant

Compensation

a). Rental assistance for both

residential & commercial tenants at

the rate of Rs. 10,000 in the form of

grant to cover maximum three

27 Traditional land rights refers to households with customary rights to land and shall be treated equivalent to titleholders 28 As per the Jharkhand R&R Norms for ADB project – 2009, once the registration cost of similar type of land at the time of notification is derived, 50% of the registration cost (of similar type of land) will be added to this cost. In addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed above but whenever the land owner agrees to give the land voluntarily in that case 60% solatium shall be paid.

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(in case additional structure erected)

month rentals .

b) A lump sum transfer grant of an

amount of Rs 10,000 per household

for shifting households‟ assets and

other belonging to the new area.

c). Additional structures erected by

tenants will also be compensated

and deducted from owner‟s

compensation amount.

d). Any advance deposited by the

tenants to the landlord will be

deducted from land lord/owners total

compensation package on

submission of documentary

evidences.

e) Right to salvage material from

demolished structure and frontage

etc, erected by tenants.

C: LOSS OF CROPS & TREES

4. Loss of crops

and trees

Land Owners

Sharecroppers

Leaseholders

Compensation at

„market value‟

a) Advance notice to APs to harvest crops/fruits and remove trees.

b) In case of standing crops, cash compensation for loss of agricultural crops at current market value of mature crops based on average production.

c) Compensation for loss of timber trees at current market value of wood/timber or firewood depending on the kind of tree to be computed with assistance from horticulture department.

d) In case of fruit trees,

compensation at average fruit production for next 15 years to be computed with assistance from horticulture department.

D: LOSSES OF NON-TITLEHOLDERS

5. Loss of structure

(immovable assets

constructed by

Encroachers No compensation

for land but

assistance for

a). Encroachers will be notified and

given one month time to remove

ADB State Road Project in Jharkhand

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squatters and

encroachers)

assets to

vulnerable groups

their assets.

b). Compensation for affected

structures to the vulnerable 28F

29

households at blow poverty line

(BPL) non title holder shall be

provided replacement value of

affected structure or equivalent

financial assistance benefit provided

under Indira Awaas Yojana

Scheme.

c). Right to salvage material from

demolished structure at no cost.

Squatters and

informal settlers

No compensation

for land but

compensation for

structure at

replacement cost

and other

assistance

a) Squatters will be notified and given one month time to remove their assets.

b) Compensation for affected

structures to the vulnerable 29F

30

households at blow poverty line

(BPL) non title holder shall be

provided replacement value of

affected structure or equivalent

financial assistance benefit provided

under Indira Awaas Yojana

Scheme.

b) A lump sum transfer grant of an amount of Rs. 10,000 for shifting households‟ assets and other belonging to the new area.

c) Right to salvage material from

demolished structure at no cost.

E: LOSS OF LIVELIHOOD SOURCE

6. Loss of primary

source of income

for the titleholders

Titleholders losing

income through

agriculture

Rehabilitation

Assistance for

income

restoration

a) APs losing strip of land (insignificant) due to acquisition will be eligible to set ex-gratia payment of Rs. 20,000.

b) Transitional allowance

equivalent 250 days of Minimum Agricultural Wage 30F

31

(MAW) in the state at the time of

29 The groups of population are considered socially „vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 30 The groups of population are considered socially „vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons. 31 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

ADB State Road Project in Jharkhand

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Section 4 notification under Jharkhand LA Act. He shall also be entitled for National/State level job card under National Rural Employment Programme.

Titleholders losing

income through

business

Transitional

assistance

a) Monthly subsistence allowance equivalent to three months average business income.

7. Loss of primary

source of income

for the non-

titleholders [wage

earning employees,

agricultural labour,

non-agricultural

labour, squatters

and vulnerable

encroachers]

Non-titleholders

namely squatters

and vulnerable

encroachers losing

primary source of

income

Training

Assistance for

income

restoration

a) One-time financial assistance for transitional income support equivalent to one time payment unskilled labour entitled for one time payment for 250 days payment as fixed by Government under minimum wages Act job card under National Rural Employment Programme.

Wage earning

employees indirectly

affected due to

displacement of

commercial structure

Transitional

assistance

a). This is valid for persons indirectly

affected due to the employer having

being displaced, one time payment

of 200 days of minimum wages31F

32 as

fixed by the govt.

b) Employment opportunity in the

road construction work if desired so

by them

F: LOSS OF COMMON PROPERTY RESOURCES

8. Loss of Common

Property Resources

Affected

community/Institution

responsible

Cash

compensation/

reconstruction

a). Cash compensation at

replacement cost or reconstruction

of the community structure in

consultation with the community

G: ADDITIONAL SUPPORT TO VULNERABLE

9. Additional

assistance to

vulnerable groups

Households

categorized as

vulnerable (BPL

households, female-

headed households,

SC/STs,

disabled/elderly)

One time Lump

sum assistance

a). Additional one-time lump sum

assistance of Rs. 10,000 per

household to vulnerable

households. This will be over and

above the other assistance/s as per

this framework.

H: OTHER UNANTICIPATED IMPACTS

10. Temporary Owner/ Cash a) The contractor shall bear the

32

The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

ADB State Road Project in Jharkhand

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impact during

construction like

disruption of normal

traffic, damage to

adjacent parcel of

land/assets due to

movement of

machinery and

plant site for

contractor etc

Titleholder/ traditional rights of the affected plot

Community

compensation for

loss of income

potential

cost of any impact on structure or land due to movement of machinery during construction or establishment of construction plant.

b) Compensation for standing

crops and trees as per the market rate

c) Restoration of land to its

previous or better quality d) The contractor will negotiate a

rental rate with the owner for all temporary use of land outside proposed RoW.

11. Any

unanticipated

adverse impact due

to project

intervention

Any unanticipated consequence of the project will be documented and mitigated

based on the spirit of the principles agreed upon in this policy framework.

5.7. Cut-off date The cut off date for those who have legal titles of their land/asset is the date of notification

of acquisition under the Land Acquisition Act and for those without titles the cut-off will be

the date of the resettlement survey as undertaken from April – to May 2008. People

moving into the subproject area after this date will not be entitled for support. For the new

Govindpur bypass section (6.5 kms long), the cut off date is September 2010.

During the census survey all the affected assets were covered with the respective affected households. In case of absent households, the affected assets too were listed into the database. The census database hence shall act as an instrument to check fresh arrivals and influx, if any, into the affected area. All further claims being made (apart from those listed in census database) shall be verified by the DLIC with assistance from the NGO/R&R Implementation agency. 5.8 Valuation of affected assets The asset valuation of the acquired land and asset will be done based on the principle of

compensation at the replacement value of the affected asset.

Valuation of Land: While under the prevailing provisions, the fixation of rate of land to be

acquired will be done on the basis of Registration Cost of similar type of land at the time

of notification under Section - 4 of the LA Act, the replacement cost of the land will be

derived by means of the use of the formula propounded in Jharkhand R&R Norms 2009.

As per this, once the registration cost of similar type of land at the time of notification is

derived, 50% of the registration cost (of similar type of land) will be added to this cost. In

addition, the land shall be acquired after paying 30 percent solatium on the rates as fixed

ADB State Road Project in Jharkhand

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above but whenever the land owner agrees to give his land voluntarily in that case the

60% solatium shall be paid.

The land records containing information like legal title, and classification of land will be

updated expeditiously for ensuring adequate cost compensation and allotment of land to

the entitled persons. Records as they are on the cut-off date will be taken into

consideration while determining the current use of land. The residual land will be

compensated in keeping with the provisions as laid down in the Entitlement Matrix.

Valuation of Structures: The value of houses, buildings and other immovable properties will be determined on the basis of relevant Basic Schedule of Rates (B.S.R.) as on date without depreciation. While considering the BSR rate, EA will ensure that it uses the latest BSR for the residential and commercial structures in the the state. Compensation for properties belonging to the community or common places of worship will be provided to enable construction of the same at new places through the local self-governing bodies/appropriate authority in accordance with the modalities determined by such bodies / authority to ensure correct use of the amount of compensation.

Valuation of Crops & Trees: The valuation of crops and trees will be based on survey of market prices in the area for different types of crops to establish an average market price and an assessment to know whether the compensation is less or greater than that price. The same may be computed with assistance from horticulture department. All compensation and other assistances 32F

33 will be paid to all APs prior to commencement

of civil works. After payment of compensation, APs would be allowed to take away the materials salvaged from their dismantled houses and shops and no charges will be levied upon them for the same. A notice to that effect will be issued intimating that APs can take away the materials. APs receiving compensation for trees will be allowed to take away timber of their acquired trees for their domestic use. Trees standing on the land owned by the government will be disposed off through open auction by the concerned Revenue Department/ Forest Department. 5.9 Disposal of Acquired Properties

33

While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access.

Valuation of land:

Registration Cost (RC) at time of Notification + 50 % of RC + 30% Solatium on the RC

= Compensation at Replacement Cost

A= 30% Solatium on the RC

or

60% Solatium on the RC (if owner aggress to give his land voluntarily)

ADB State Road Project in Jharkhand

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The acquired land and properties would vest in the Project paying compensation for such

lands/properties. However, even after payment of compensation, APs would be allowed

to take away the materials salvaged from their houses and shops etc. acquired by the

project and no charges will be levied upon them for the same. A notice to that effect will

be issued to take away the materials so salvaged within 48 hours of their demolition, if not

taken then the same will be disposed by the project authority without giving any further

notice.

APs will be provided with an advance notice of 3 months prior to dislocation. Further, all

compensation will be paid to APs at least three months before displacement or

dispossession of assets to enable APs to effect relocation in a timely manner.

In the event of any change in the subproject/package road design and RP budget, the RP

will be revised accordingly and will be subject to ADB approval before award of any civil

works contract. Public consultations and disclosures will be organized involving all

stakeholders, affected persons, local representatives in local language to disclose the

entitlement matrix as outlined in the RP. The public disclosure of this RP will be

undertaken before the ADB‟s Management Review Meeting (MRM) 33F

34.

34

The Management Review Meeting (MRM) is scheduled in September 2008.

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CHAPTER 6:

CONSULTATION AND STAKEHOLDER PARTICIPATION

6.1. Introduction

ADB‟s Policy on Involuntary Resettlement stresses that affected people should be fully informed

and closely consulted on resettlement and compensation options. Consultation with APs is the

starting point for all resettlement related activities. Experience indicates that involuntary

resettlement generally gives rise to severe problems for the affected population and they are

generally apprehensive that they will lose their livelihoods. These problems may be reduced if, as

a part of subproject planning and implementation, people are properly informed and consulted

about the project, about their situation and preferences, and are allowed to make meaningful

choices. This serves to reduce the insecurity and opposition to the subproject which otherwise

are likely to occur.

Based on the above principles, the subproject will therefore ensure that the affected population

and other stakeholders are informed, consulted, and allowed to participate actively in the

development process. This will be done throughout the subproject, both during preparation,

implementation, and monitoring of project results and impacts.

The significance of people‟s participation and consultation in any Project during preparation is

well recognized by the NPRR as well. In keeping with the ADB and NPRR principles,

consultation and community participation was encouraged during the course of the initial poverty

& social assessment (IPSA) undertaken in August 2007. Discussions and meetings were held to

inform the communities and population about the positive as well as negative impacts of the road

improvement scheme. Subsequent consultations were also organised at key locations during the

course of the Resettlement Census survey in April 2008.

6.2 Methods of Community Consultation

During the course of the social assessment, consultation meetings were held to inform the

communities and population about the positive as well as negative impacts of the road

improvement scheme. Consultations and discussions were held along the subproject with the

affected households and other stakeholders including village head men, gram panchayat

members, head of households, women‟s groups, shopkeepers, tenants etc. These meetings were

used to get wider public input from both the primary and secondary stakeholders. The

consultation methods followed to elicit required information (their views & opinions) are detailed

below in Table 6.1.

Table 6.1: Methods employed during the course of consultations at the time of Social

Assessment & Resettlement Survey

Stakeholders Method

Local communities Individual Interviews, field level observations,

community consultations & meetings

Individual Household Interview of Affected

Households

100% Survey of the total affected households

ADB State Road Project in Jharkhand

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Village Headmen & Gram Panchayat

members (local elected representatives)

Small discussions

Women‟s belonging to various socio-

economic groups

Focus Group Discussions (FGDs)

Affected Shopkeepers, tenants and

squatters

Focus Group Discussions (FGDs)

Other vulnerable groups (ST and those

BPL)

FGDs

Government Stakeholders (BDO, CMOs,

ANMs, Teachers etc)

Semi-structured interviews

Source: IPSA, August 2007 and Resettlement Survey, Jan-Feb 2008

6.3 Consultation – Scope and Issues

During the consultations, efforts were made by the survey team to:

Ascertain the views of the APs, with reference to land acquisition and project impacts;

Understand views of the community on Resettlement and Rehabilitation (R&R) issues and rehabilitation options;

Identify and assess the major socio-economic characteristics of the villages to enable effective planning and implementation;

Obtain opinion of the community on issues related to the impacts on community property and relocation of the same.

Finally, to establish an understanding for identification of overall developmental goals and benefits of the project.

6.4. Feedback from Community Consultations

6.4.1 Consultations Findings at time of IPSA

The development of an area is directly related to the networking it has with other places. For this

purpose, it is really important to have an efficient transportation system that will lead to the

economic development of the area. Good conditions of roads provide the people with better

transport and less travel costs and time. With good roads, people‟s access to the available socio

economic facilities like health, education, trade centres etc. also increases thereby adding to their

quality of life.

In a state like Jharkhand, where a significant proportion of the population is poor and rural, the

absence of an effective transport system further aggravates the challenges. The improvement of

the sample subproject road is anticipated to lead to better connectivity of the areas falling along

the roads to the district and commercial centres. As a result, the Project will open up socio-

economic avenues and opportunities for the local population particularly in the field of education,

employment, trade and business, health etc which will further lead to the overall development of

the project area as well as of its inhabitants.

ADB State Road Project in Jharkhand

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In the consultations and discussions undertaken in all the four road packages, majority of the

local communities expressed a welcoming attitude towards the project. A large number of people

were of the opinion that the road improvement will benefit them in many ways. It will lead to the

accessibility to the available facilities, increase in employment opportunities, business and trade,

improved transportation system and so on. Some of the major benefits as voiced by the

community comprised of:

Increase in income and employment opportunities The project is anticipated to increase the transportation as well as the connectivity of the area, making it possible for the inhabitants to travel to other districts for the purpose of employment in turn leading to increase in avenues as well as their monthly income.

Change in mode and frequency of transportation resulting from improved road will

increase the number of public transport at a regular interval with less travel charges.

Increased accessibility to health and educational facilities for the local population

Anticipated Gender impacts include augmented mobility of women and improved

health and education status resulting from improved access to health facilities

For a detailed account of the key findings emerging from social assessment of August 2007,

please refer to the detailed Initial Poverty and Social Assessment (IPSA).

6.4.2 Consultations Findings at time of Census Survey

A total of 9 community consultations were undertaken along the subproject during the course of

the Census Survey. Table 6.2 below enumerates the location, number profile and key issues

discussed in these consultations.

Table 6.2: Summary of Community Consultations

Village Number &

Profile of

Participants

Issues Discussed & Concerns

Raised

Steps taken to address

the concerns

Chepkia 15-17

community

members

comprising of

Pradhan and

villagers

The consultation among the

various stakeholders, were

centered around the Project

timeline and the need for

appropriate and adequate

relocation assistance to be

extended those whose structure

would be affected by the by project.

In keeping with peoples suggestion and in order to ensure that adequate assistance is provided to those whose structures would be affected, RP entitlement matrix lays down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the affected structures.

Narayanpur,

Dadla

20 community

members

comprising of

Pradhan,

shopkeepers

The community consultation in the

village was on the preference of

the villagers of shifting the present

alignment towards the right side.

There was a general disagreement

These suggestions were

duly taken into account and

integrated in the design.

ADB State Road Project in Jharkhand

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and the

general

community

among the community on the

present technical design.

According to them, the present

technical design would affect a

large number of shops on either

side of the project road.

However, they opined that if the

alignment was shifted towards the

right, the number of commercial

enterprises and other structures

affected would decrease. This was

mainly so, as there were few

commercial enterprises on the

other side.

Additionally, there was a cemetery

along the project road. The

community expressed their

concern over the alignment of the

proposed widening of the existing

road. They suggest that the road

could be narrowed at this location

so that it does not disturb the

cemetery.

Mohanpur 12 community

members

comprising of

Pradhan,

shopkeepers

and villagers

Mohanpur is primarily a market

place though there are agricultural

lands along the project road. In all

it as 1.5 KM long stretch having

both agricultural land as well as

structures mainly commercial and

residential cum commercial on the

roadside.

Since the project is going to impact

many of the structures along the

roadside, the community members

were consulted for gauging their

opinion on the relocation and

rehabilitation options.

One of the suggestion by the

community participants was that

the affected persons may be

allotted the one acre of

Government land available in the

village for relocation, if need be.

In keeping with peoples suggestion and in order to ensure that adequate assistance is provided to those whose structures would be affected, RP entitlement matrix lays down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the affected structures. Also the NGO/R&R implementation agency would provide support to the severely affected households losing structures in identifying relocation sites and shifting their.

Pabiya 20 community

members

comprising of

Similar to Mohanpur, Pobia is also

a market place which is around 1.5

km long. Though essentially a

In keeping with peoples suggestion and in order to ensure that adequate assistance is provided to

ADB State Road Project in Jharkhand

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Pradhan,

shopkeepers

and villagers

commercial centre, it has

agricultural land as well along the

roadside. Thus, the project would

affect these agricultural land as

well as structures – commercial,

residential and residential cum

commercial assets.

During the community

consultations in Pobia community

gave suggestion on relocation and

rehabilitation option available to the

affected households. The

consultations brought forth the

suggestion of the affected

community on the relocation site

available in the village itself. There

is some Hatia/Market land

available in the village, which

would be the most feasible site for

relocation within the village.

those whose structures would be affected, RP entitlement matrix lays down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the affected structures. Also the NGO/R&R implementation agency would provide support to the severely affected households losing structures in identifying relocation sites and shifting their.

Hatsar,

Dumma,

Chundih,

Palubera

10 community

members

comprising of

Pradhan,

shopkeepers

and villagers

Action is being takenas per

Alignment of Approuved DPR

-

Pokhariya 15 community

members

comprising of

Pradhan and

villagers

In the subproject village of

Pokhariya, the project would affect

a historical pond in the village from

which the village derives its name

(Pokhar is the local term for pond).

The proposed project road would

run though the middle of this pond

dividing it into two and affecting

sanctity of the same. This was one

of the key issues discussed in the

community consultations. The

community expressed their desire

for a change in the technical design

so that the pond would not be

disturbed.

In keeping with the

community suggestion, the

technical design has been

adapted to avoid any

impact on the pond.

Latani 20 community

members

comprising of

Pradhan,

shopkeepers

Latani is a market area in the

subproject section. The villagers

would bear an impact on the

agricultural, residential, commercial

as well as residential cum

commercial assets. The census

In keeping with peoples suggestion and in order to ensure that adequate assistance is provided to those whose structures would be affected, RP entitlement matrix lays

ADB State Road Project in Jharkhand

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and villagers survey identified almost 30

structures (of all types) being

affected by the project and

maximum of them are on the right

hand side of the project road.

The community consultation

focused on the need for adequate

compensation and relocation and

rehabilitation support to those

affected.

down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the affected structures. Also the NGO/R&R implementation agency would provide support to the severely affected households losing structures in identifying relocation sites and shifting their.

Koridih 15 community

members

comprising of

Pradhan and

villagers

The subproject village of Koridih is

around 2 kms long the project road.

The village is densely populated

and there is a mosque on the

roadside. The survey has brought

forth that there are about 57

residential assets on the left hand

side and 55 on the right hand side

of the road. In addition, it was seen

that majority of the households

affected by the project own land at

the back of their existing houses.

Hence, they can relocate and

rehabilitate their affected assets to

the available land.

The objective of the consultation

was to make the general

community aware about the project

as well as the purpose of

conducting the Study. Since the

community was assured of

compensation, they were co-

operative during the course of the

Study.

None

Source: Resettlement Survey, 2008

6.4.3 Consultations Findings at time of updated Census

In the new by pass section a total of 6 community consultations were undertaken in each of the

affected village during the course of the Census. Table 6.3 below enumerates the location,

number profile and key issues discussed in these consultations.

Table 6.3: Summary of Community Consultations

Village Number &

Profile of

Issues Discussed & Concerns

Raised

Steps taken to address

the concerns

ADB State Road Project in Jharkhand

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Participants

Karmatand 15-17

community

members

comprising of

Pradhan and

villagers

The consultation among the

various stakeholders, were

centered on the Project timeline

and the need for appropriate and

adequate relocation assistance to

be extended those whose structure

would be affected by the by

project.

In keeping with people‟s suggestion and in order to ensure that adequate assistance is provided to those whose structures would be affected, RP entitlement matrix lays down provisions for compensation at market replacement value for the affected structures.

Kumhardih 15 community

members

comprising of

Pradhan, and

the general

community

The community consultation in the

village brought forward concerns

about loss of a pond, which is used

for irrigation purposes. Also they

suggested shifting alignment to

avoid the pond. They also

expressed concerns regarding the

standing crop and the trees.

Some of the villagers were

concerned about their residential

structures.

The community was

informed about the loss of

pond as minimal. All the

concerns were duly

addressed and explained.

Kushmatand 20 community

members

comprising of

Pradhan,

shopkeepers

and villagers

The villagers were positive about

the project. And looked it as an

opportunity for earning livelihoods.

Their only concern was to get good

compensation rates, as agriculture

was the main source of income for

them.

The RP has provision for providing compensation for loss of assets on the prevailing market values.

Pathuria 20 community

members

comprising of

Pradhan and

villagers

The community addressed

concerns about the loss of

livelihood. As there were marginal

farmers who were losing their total

land holding.

The community also addressed

concern regarding safety of

children with the construction of

the road.

The RP lays down provisions for providing adequate assistances for those whose livelihood would be affected. Also the NGO/R&R implementation agency would provide support to the severely affected households losing their livelihood, training assistance for income restoration.

Lahardih 10 community

members

comprising of

religious

There were some disputes among

the villagers, since mutation has

not been done for present land.

Since, there are multiple owners;

The survey team explained

the whole process of

computing compensation

based on market value and

ADB State Road Project in Jharkhand

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leader, school

teacher and

villagers

people were not clear on the basis

on which compensation will be

given. The villagers themselves

solved most of these disputes.

assistances that would be

provided.

Kharni 15 community

members

comprising of

villagers and

head of ST

group.

In this village, 21 of the total 29 ST

HH reside who would be affected

by the road project. Many of them

bear an impact on their residential

as well as agricultural assets.

They primarily raised their

concerns regarding compensation

rates, rates for standing crops,

trees and resettlement measures.

The RP lays down provisions for shifting assistance, transitional rental assistance as well as compensation at market replacement value for the affected structures. Additional one time assistance to vulnerable group will be provided. Also the NGO/R&R

implementation agency

would provide support to

the severely affected

households losing

structures in identifying

relocation sites and shifting

their assets.

Source: Resettlement Census, 2010

6.5. Disclosure of Resettlement Plan

An updated summary of this Resettlement Plan (RP) will be translated into Hindi and Santhali and

will be made available to the newly affected people by the Executing Agency (EA) for review and

comments on the policy and mitigation measures by means of subproject-level Disclosure

workshops prior to loan negotiation. The proceedings of the disclosure workshop and the

feedback received will be sent to ADB for review. The summary of the final updated RP will also

be disclosed on the ADB Website.

6.6. Plan for further Consultation & Community Participation during Project

Implementation

The effectiveness of the R&R program is directly related to the degree of continuing involvement

of those affected by the Project. Several additional rounds of consultations with APs will form part

of the project implementation. A local NGO/ R&R Implementation agency will be entrusted with

the task of conducting these consultations during RP implementation, which will involve

agreements on compensation, assistance options, and entitlement package and income

restoration. The consultation will continue throughout the project implementation. The following

set of activities will be undertaken for effective implementation of the Plan:

The DIC, with NGO/ R&R Implementation agency assistance, will conduct information dissemination sessions in the subproject area and solicit the help of the local community/ leaders and encourage the participation of the AP‟s in Plan implementation.

During the implementation of RP, a contracted NGO/ R&R Implementation agency and/or DIU, Resettlement Officers (ROs) will organize public meetings, and will appraise the communities about the progress in the implementation of subproject works, particularly in areas to be affected by road improvement.

ADB State Road Project in Jharkhand

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Consultation and focus group discussions will be conducted with vulnerable groups like women to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.

The DLIC, RO and/or NGO/ R&R Implementation agency will organize public meetings to inform the community about the payment and assistance paid to the community.

In addition, regular update of the program and resettlement component of the project will be placed for public display at the subproject offices.

Lastly, participation of APs will be further ensured through their involvement in the Grievance Redress Cell.

Lastly, EA through DIC will maintain an ongoing interaction with APs to identify problems and undertake appropriate remedial measures.

ADB State Road Project in Jharkhand

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CHAPTER 7:

INSTITUTIONAL FRAMEWORK

7.1. Introduction

Implementation of RP will be carried out through a set of institutions at various levels. This

chapter describes the implementation framework, and the organizations involved – their roles and

responsibilities – in the implementation of the plan. The primary R&R institutions in this project

would include

High level Committee at the State level headed by Chief Secretary or Development Commissioner (to be constituted)

Executing Agency (EA) will be the Road Construction Department (RCD)

EA will be supported by District level Implementation Cells (DIC) at district level. The DIC will use the services of the following institutions in implementation of the sub components of the project including resettlement actions.

District Level Task Force (DLTF) Non-Government Organizations (NGO)/ R&R Implementation agency Grievance Redressal Cell (GRC) Independent M&E Agency

7.2. Executing Agency

Executing Agency (EA) of the State Road Project in Jharkhand is the Road Construction

Department (RCD) of the State government and will be responsible for overall strategic guidance,

technical supervision, execution of the project, and ensuring compliance with the loan covenants.

7.3 Roles & responsibilities

7.3.1 Project Implementation Cell (PIC) Project Implementation Cell under Road Construction Department will be established in Ranchi.

This PIC will be headed by a full-time Director (ADB Project) reporting to the Secretary – RCD.

The Director will be supported by a Senior District Magistrate who will act as the Land Acquisition

Officer, Grievance Redressal & Information Officer.

The PIC will have the overall responsibility for policy guidance, coordination and planning,

internal monitoring and overall reporting of the Project. Some of the key responsibilities of the

PIC will entail the following:

Appointing Project Support Consultants, and R&R implementing NGO/agency, where

required;

Design and supervision of the subproject;

Ensuring availability of budget for R&R activities;

Overall execution of the Project

ensuring conformance with state, national and ADB social and environmental safeguards

policies.

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7.3.2 District level Implementation Cell (DIC) The DIC will be headed by the Executive Engineer and will have a dedicated R&R Officer (RO) to

implement the RP.

The field based DIC will be responsible for the day-to-day implementation of the RP, assisted by

local NGO/R&R Implementation agency s. The DIC supported by staff and NGO/R&R

Implementation agency, will be responsible for the implementation of the subproject as well as the

following:

Overall responsibility of implementation of R&R activities of the Plan;

Responsible for land acquisition and R&R activities in the field;

Liaison with district administration for land acquisition and implementation of R&R;

Ensure timely disbursement of compensation and assistance to the APs in close

coordination with the concerned line department

DICs will be adequately staffed within two months of loan approval.

7.3.3 Resettlement & Rehabilitation (R&R) Officer

The Resettlement & Rehabilitation Officer will be responsible for the following:

Ensuring subproject compliance with loan covenants;

Undertake internal monitoring of resettlement implementation and prepare quarterly progress

reports for submission to ADB and RCD - PIC.

Oversee coordination with district administration and/or NGO/R&R Implementation agency

for land acquisition and R&R and address problems or delays if any,

Monitor physical and financial progress on land acquisition and R&R activities;

Participate in regular subproject meetings; and

Organize bi-monthly meetings to review the progress on R&R

Monitor and oversee implementation of the resettlement activities and CPR relocation

7.3.3. District Level Task Force (DLTF) A District level Task Force chaired by District Collector and comprising of District Land Acquisition

Officer (DLAO), District Forest Officer (DFO), Executive Engineer and Additional District

Magistrate and Relief Officer has been constituted at the each district level. The main objective of

this DLTF will be to ensure inter-departmental coordination as well as ensure speedy resolution of

issues and grievances of the communities.

DLTF will play the role of an arbitrator, providing a mechanism to mediate conflict and cut down

on lengthy litigation and ensuring speedy resolution of grievances of the affected persons and

communities. It is anticipated that most, if not all grievances, would be settled by the DLTF. The

DLTF will meet once in two months and is expected to resolve the grievances of the eligible

persons within a stipulated time.

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The APs, who are not satisfied with the decision of the DLTF, will have the right to take the

grievance to the PIC for its redress. Failing the redressal of grievance at PIC, the APs will take

the case/grievances to Judiciary.

Grievance Redressal Cell: The RP will have a mechanism to ensure that the benefits are

effectively transferred to the beneficiaries and will ensure proper disclosure and public

consultation with the affected population. In order to effectively do the same a Grievance

Redressal Cell will be established at the District Implementation Cell level. This Cell will comprise

of the Executive Engineer, local NGO representative, community leaders (non- political),

representatives of affected persons including women and vulnerable groups.

The main objective of this cell will be to provide an accessible mechanism to APs to raise their issues and grievances. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution (by means of DLTF), address these issues adequately. This cell will act as a bridge between the APs and the District level task force. It is proposed that GRC will meet regularly (at least once a month) on a pre-fixed date. The cell

will look into the grievances of the people and will submit the same to the District level task force

for resolution. Thereafter it shall report to the aggrieved parties about the development regarding

their grievance and decision of DLTF. The claims will be reviewed and resolved within six weeks

from the date of submission.

The GRC will continue to function, for the benefit of the APs, during the entire life of the project. Through public consultations and disclosures, the APs will be informed that they have a right to

grievance redress. The APs can call upon the support of the NGO/ R&R Implementation agency

to assist them in presenting their grievances or queries to this Cell.

7.3.4. Implementing Non Government Organization (NGO)/R&R Implementation Agency Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with

community related skills will be required by the DIC in order to build a good rapport with the

affected community and facilitate satisfactory R&R of the APs. To overcome this deficiency,

experienced and well-qualified NGO/R&R Implementation agency in this field will be engaged to

assist the PIU in the effective, timely and efficient implementation of subproject RP.

The involved NGO/ R&R Implementation agency will be provided an orientation and training in

resettlement management and resettlement policy adopted under the loan by the PIC- RCD.

The NGO/ R&R Implementation agency would play the role of a facilitator and will work as a link

between the PIU and the affected community. Further the NGO/ R&R Implementation agency will

inform the APs on aspects relating to LA and R&R measures for implementation of the Project

and ensure proper utilization of various compensations extended to the APs under the R&R

entitlement package.

It is extremely important to select NGOs/ R&R Implementation agency that are capable, genuine

and committed to the tasks assigned in order to ensure the success of the Resettlement Plan.

Key quality criteria for the NGO/ R&R Implementation agency include:

Experience in direct implementation of programs in local, similar and/or neighboring districts;

Availability of trained staff capable of including APs into their programs; Competence, transparency and accountability based on neutral evaluations, internal

reports, and audited accounts; and

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Integrity to represent vulnerable groups against abuses; experience in representing vulnerable groups, demonstrable mandate to represent local groups.

The Terms of Reference for the NGO/ R&R Implementation agency are appended as Annexure

3.

In addition, an independent Monitoring & Evaluation Agency/Expert will be appointed to closely

monitor the progress of the RP implementation. The details of Project Monitoring & Evaluation

have been provided in Chapter 9.

An organogram detailing the institutional arrangement is presented in Figure 7.1.

Figure 7.1: Institutional Arrangement

Asian Development Bank

Government of India

Government of Jharkhand

RCD – Executing Agency Secretary (RCD)

Executive Engineer District level

Implementation Cell (DIC)

High Level Committee Headed by Chief Secretary or Development Commissioner

GRC

LA, Grievance Redressal & Information Officer

Independent M&E

Affected Person & Community

District Level Task Force (DLTF) at

each district

District Collector

District LA Officer

District Forest Officer (DFO)

Executive Engineer

Addnl. District Magistrate

Director (ADB Projects) Project Implementation Cell

(PIC)

Executive Engineer District level

Implementation Cell (DIC)

Executive Engineer District level

Implementation Cell (DIC)

NGO NGO GRC NGO GRC

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7.4 RP Implementation Schedule

It is likely that the overall project will be implemented over a 3 year period likely to commence months or so after loan approval. As part of advance actions following loan negotiations, the EA will establish the DICs, appoint NGO/agency for resettlement implementation and establish GRC. Prior to implementation of resettlement and related activities an updation of AP list based on the final detailed design will be undertaken. Apart from this, the M&E consultants will be engaged at the time of the commencement of the land acquisition process. All compensation and other assistances34F

35 will be paid to all

APs prior to commencement of civil works. Figure 7.2 below enumerates the RP implementation schedule.

35

While compensation is required prior to dispossession or displacement of affected people from their assets, the full

resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a

longer period of time after civil works have begun. Affected people will be provided with certain resettlement

entitlements, such as land and asset compensation and transfer allowances, prior to their displacement,

dispossession, or restricted access.

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Figure 7.2: Implementation Schedule

PROJECT

COMPONENT & ACTIVITIES

YEAR 2007

YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011

Q 3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

Q

1

Q

2

Q

3

Q

4

A. Project Preparation Phase

Initial Poverty & Social Assessment (Completed)

Census survey of the subproject (Completed)

Finalization of subproject design and RP disclosure

Establishment of DIC

Appointment of NGO/agency & Establishment of GRC

Preparation of LA Plan (by EA)

Updating of AP list based on final detailed design

Submission of RP based on final detailed design

Review and approval of RP

Information Campaign & Community Consultation

B. LA Activity & RP implementation

Publication of notification under the State LA Act - appointment of

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competent authority

Land Market survey

Final List of AP & distribution of ID cards

Determination of Compensation & issue of award by competent authority

Payment of compensation for Land & structures

Payment of all other eligible assistance

C. Monitoring and Evaluation

Appointment of independent M&E consultant

Internal Monitoring

External Monitoring (intermittent)

D. Project Construction

Implementation of subprojects for 1st

year/ Commencement of Civil Works

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75

CHAPTER 8

COST ESTIMATES & BUDGET

The following section comprises of the cost estimate for RP implementation. The cost estimate

includes all the costs related to land acquisition, compensation, resettlement assistance, transport,

monitoring and evaluation. The Executing Agency will make available required budget to cover all

compensation and R&R cost. The budget rates, as well as the costs, are based on field-level

information and past experience in resettlement management. The cost estimates included in this

plan also make adequate provision for contingencies (Fifteen per cent).

The rates for land, structures, and trees that have been used in the cost estimates prepared in this

plan have been derived through rapid appraisal and consultation with local revenue authorities,

affected households, recent property sale/transfer to assist in the establishing of the market value for

various types of land.

In addition to the compensation for affected assets and property at replacement cost, the affected

households will also be eligible for a range of assistance in order to ensure restoration of lives and

livelihoods. Some such measures are as follows: -

Transfer grant: A lump sum transfer grant at the rate of Rs.10,000 for shifting households assets and other belonging to new area/location. The cost has been worked out taking into account the average transport costs incurred in such transfers.

Rental accommodation: Project-affected families will further require assistance in case they are

unable to build their shops/residences after the project has taken possession of their property or after demolishing their structures. To meet the transit accommodation, a rental assistance in the form of a grant of Rs.10,000/family to cover three month rental accommodation has been considered. This rental assistance is as per the prevalent rentals in the area.

Transitional Allowance: Title holders & non-titleholders incurring impact on their primary

income due to displacement will be assisted with allowance to for loss of their income during the transitional period. This allowance would be in form of providing Minimum agriculture wage (MAW) for a certain number of days taking into account the extent and nature of lose:

o In case of Titleholders losing income through agriculture, Transitional allowance

equivalent 250 days of Minimum Agricultural Wage 35F

36 (MAW) in the state at the time

of Section 4 notification under LA Act in cases where the loss of land is less than 10% of the total land holding or equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding.

o In case of Titleholders losing income through business, Monthly subsistence

allowance equivalent to three months of average business income.

o In case of squatters and vulnerable encroachers losing primary source of income, One-time financial assistance for transitional income support equivalent to one time payment unskilled labour entitled for one time payment for 250 days payment as fixed by Government under minimum wages Act job card under National Rural Employment Programme.

36 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day.

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76

o In case of wage earning employees, indirectly affected due to displacement of

commercial structure, one time payment of 200 days of minimum wages 36F

37 as fixed by

the govt. Additional assistance for vulnerable households: Vulnerable37F

38 affected person will be given

additional assistance of Rs.10,000 as lump sum.

Based on this, Table 8.1 lays down the total estimated project budget for the subproject, which is Rs. 227,254,096 (US$ 5,410,812).

Table 8.1: Consolidated Resettlement budget & Cost Estimates

PKG I

Item

Unit Rates

(in Rs.)

Total Quantity

Compensation (in Rs.)

38FR&R Assistance[1]

(in Rs.)

Total (in Rs.)

A: Compensation for acquisition of Private Property

1 Agriculture Land

Irrigated with 2 crops 180,000 91.89 acres 16,540,200 13,232,160 29,772,360

2

Agriculture land Bari Class I

(Cultivable but irrigated

land)

163,000 56.94 acres

9,281,220 7,424,976 16,706,196

3 Private Land

Residential & commercial 180,000 11.57 acres 2,082,600 1,666,080 3,748,680

4

(Residential

Commercial structure & Resi cum Comm)

Pucca/ Permanent

593/ sq. ft.

56,127.82sq ft 33,283,311

- 118,810,011 Semi-Pucca

450/ sq ft 93,474.49sq ft 42,063,300

Kutcha 300 sq ft 144,878.02sq.

ft. 43,463,400

5 Other Private Assets Lump sum 1,016,760

6 Common Property

Resources Lump sum 2,500,000

Sub-total I Rs. 172,554,007

37 The Minimum Wage Rate in Jharkhand as per the recent notification in March 2008 is Rs. 91 per day. 38 The groups of population are considered socially „vulnerable’ comprise of - (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) female-headed households (FHH); (d) elderly and (e) disabled persons.

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77

B: R&R Assistance

1. Transitional Allowance

1.1. Titleholders losing income through agriculture

39FA. Transitional allowance equivalent to 250 days of Minimum Agricultural Wage[2] (MAW) in the state in cases where the loss of land is less than 10% of the total land holding

Rs. 22,750 /

household

289 households

- 6,574,750

B. Transitional allowance equivalent to 500 MAW in case where the loss of land is more than 10% of the total land holding

Rs.45,500 / household

55 households

- 2,502,500

40F1.2. Titleholders losing income through business [Monthly subsistence allowance equivalent to twenty-five days minimum agricultural wages[3] per month for a period of one year from date of displacement]

Rs. 27,300/ household

88 households

- 2,402,400

41F1.3. Squatters and vulnerable encroachers losing primary source of income [One-time financial assistance for transitional income support equivalent to one time payment of 60 days (2 months) of minimum wages[4] as fixed by the govt.]

Rs. 5460/ household

128 households

- 698,880

2.Rental Assistance

Affected households

Rs.10,000 218

households - 2,180,000

Tenants Rs.10,000

months 39 tenants - 390,000

3. Shifting Assistance Rs.5000/

household 295

households - 1,475,000

4. Assistance to Vulnerable households

Rs.10,000/ household

408 households

- 4,080,000

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78

5. Assistance to Employees 42F[one time payment of 60 days (2 months)

of minimum wages[5] as fixed by the govt]

Rs. 5,460/ household

32 employees

- 174,720

6. Assistance for loss of structure (immovable assets constructed by squatters) equivalent to the financial assistance provided under Indira Awaas Yojana Scheme.

Rs. 35,000 /

household

28 households

- 980,000

Sub Total II Rs. 21,458,250

C: Support implementation of RP

Independent Monitoring & Evaluation Agency

Lump sum Rs.500,000 per year for three years

- 1,500,000

NGOs Assistance for RP Implementation Lump sum Rs.700,000 per year for

3 years - 2,100,000

Sub-Total III 3,600,000

TOTAL (in Rs.) of Part I, Part II & Part III Rs. 197,612,257

Contingency (15% of the total) Rs. 29,641,839

Grand total (in Rs.) Rs. 227,254,096 (US$ 5,410,812)

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CHAPTER 9

MONITORING AND EVALUATION

9.1. Need for Monitoring

Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement in order to

ameliorate problems faced by the APs and develop solutions immediately. Monitoring is a periodic

assessment of planned activities providing midway inputs. It facilitates change and gives necessary

feedback of activities and the directions on which they are going, whereas evaluation is a summing

up activity at the end of the project assessing whether the activities have actually achieved their

intended goals and purposes. In other words, M&E apparatus is a crucial mechanism for measuring

project performance and fulfilment of the project objectives.

9.2. Monitoring at the EA Level

The monitoring mechanism will have a two-tier system at the EA level – Internal Monitoring and

External Monitoring.

First Tier Monitoring: Internal Monitoring

One of the main roles of the PIC will be to oversee, proper and timely implementation of all activities

in RP. Internal Monitoring will be a regular activity for the PIC, which will oversee the timely

implementation of R&R activities. Internal Monitoring will be carried out by the PIC and its agents,

such as NGO/R&R Implementation agency and will prepare monthly reports on the progress of RP

Implementation. PIC will collect information from the subproject/package site and assimilate it in the

form of monthly report to assess the progress and results of RP implementation and adjust work

programme where necessary, in case of delays or problems. Both monitoring and evaluation will

form parts of regular activities and reporting on this will be extremely important in order to undertake

mid-way corrective steps.

Second Tier Monitoring: External or Independent Monitoring

External (or independent) monitoring will be hired by ADB to provide an independent periodic

assessment of resettlement implementation and impacts to verify internal monitoring, and to suggest

adjustment of delivery mechanisms and procedures as required. A social and economic

assessment of the results of delivered entitlements and measurement of the income and standards

of living of the APs before and after resettlement will be integral components of this monitoring

activity.

To function effectively, the consultant/agency responsible for external monitoring will be independent

of the governmental agencies involved in resettlement implementation. The consultant/agency will

provide an independent periodic assessment of resettlement implementation and impacts to verify

internal monitoring, and to suggest adjustment of delivery mechanisms and procedures as required.

The external monitor will submit biannual review directly to ADB and the EA to determine the

effectiveness of RP implementation. The monitoring consultant/agency will be selected within three

months of loan approval by the EA with ADB concurrence. The monitoring will be carried out every

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80

year during the RP implementation. A sample Terms of Reference (TORS) to hire an external

Monitoring & Evaluation Agency/ Consultant is enclosed as Annexure 4.

The key tasks during external monitoring will include:

Review and verify the internal monitoring reports prepared by PIC;

Review of socio-economic baseline census information of pre-displaced persons;

Identification and selection of impact indicators;

Impact assessment through formal and informal surveys with the affected persons;

Consultation with APs, officials, community leaders for preparing review report;

Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement policy formulation and planning.

The following should be considered as the basis for indicators in monitoring and evaluation of the

project: (i) socio-economic conditions of the APs in the post-resettlement period; (ii) communication

and reactions from APs on entitlements, compensation, options, alternative developments and

relocation timetables etc.; (iii) changes in housing and income levels; (iv) rehabilitation of informal

settlers; (v) valuation of property; (vi) grievance procedures; (vii) disbursement of compensation; and

(viii) level of satisfaction of APs in the post resettlement period.

9.3. Stages of Monitoring

Considering the importance of the various stage of project cycle, the EA will handle the monitoring at

each stage as stated below:

I: Preparatory Stage. During the pre-relocation phase of resettlement operation, monitoring is

concerned with administrative issues such as, budget, land acquisition, consultation with APs in the

preparation of resettlement plan, payments of entitlement due, grievance redressal, and so on.

The key issue for monitoring shall include but will not be limited to: -

Conduct of baseline survey Consultations Identification of AP and the numbers Identification of different categories of APs and their entitlements Collection of gender disaggregated data Inventory & losses survey Asset inventory Entitlements Valuation of different assets Budgeting Information dissemination Institutional arrangements Implementation schedule review, budgets and line items expenditure

II: Relocation Stage. Monitoring during the relocation phase covers such issues as assistance to

APs (especially to vulnerable groups) in physically moving to the new site, selection of alternate

place of relocation etc. The key issue for monitoring will be:

Payment of compensation

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81

Delivery of entitlement Grievance handling Land acquisition Assistance to AP in identifying site for new residential/commercial units Preparation Consultations APs who do not relocate but rehabilitate at same location Payment of compensation Livelihood restoration assistance.

III: Rehabilitation Stage. Once APs have settled down, the focus of monitoring will shift to issues of

income generation – schemes, activities & investments undertaken by APs, impact of the income

generation schemes on living standards, and the sustainability of the new livelihood patterns.

The key issue for monitoring will be:

Initiation of income generation activities Provision of & rehabilitation of affected Common Property Resources Consultations Assistance to enhance livelihood and quality of life

The most crucial components/indicators to be monitored are specific contents of the activities and

entitlement matrix. The RP contains indicators and benchmarks for achievement of the objectives

under the resettlement programme. These indicators and benchmarks are of three kinds:

Process indicators: including project inputs, expenditures, staff deployment, etc.

Output indicators: indicating results in terms of numbers of affected people

compensated and resettled, training held, credit disbursed, etc

Impact indicators: related to the longer-term effect of the project on people's lives.

Input and output indicators related to physical progress of the work will include items as:

Training of DIC, ROs and other staff completed

Public meetings held

Census, assets inventories, assessments and socio-economic studies completed

NGO/R&R Implementation agency recruited and trained

Meeting of DLTF & GRC

Grievance redress procedures in-place & functioning

Compensation payments disbursed

Relocation of PAPs completed

Employment provided to PAPs

Community development activities completed

Community infrastructure repaired

Income restoration activities initiated

Extent of government land identified and allotted to the PAPs, if any

Monitoring and evaluation reports submitted

9.4. Reporting Requirements

Internal Monitoring

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82

PIC responsible for supervision and implementation of the RP will prepare monthly progress reports

on resettlement activities to the Secretary - RCD. EA will submit quarterly reports to ADB.

External Monitoring: The independent monitoring agency/expert, responsible for overall monitoring

of the Project, will submit a biannual review directly to ADB and determine whether resettlement

goals have been achieved, more importantly whether livelihoods and living standards have been

restored /enhanced and suggest suitable recommendations for improvement.